The early renounce to the inheritance and the early renounce to the reserved portion or to the “ius delationis”

Abstract

The present work aims to analyze a controversial issue and it is related to the possibility of an early renounce to the inheritance, to the reserved portion, called "legítima" in Spanish, or to the "ius delatonis". For this, and taking as a reference the resignation made by King Felipe VI, we conduct an examination of the articles of the Civil Code and its different doctrinal interpretations related to the resignation of the reserved portion, the inheritance and the "ius delationis", in order to determine if it is feasible to find a legal basis for the possibility of waiving these rights in advance or not.