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The Law of Successions I: Intestacy Under Catalan Law
Published online by Cambridge University Press: 28 February 2019
Extract
This paper provides an overview of the legal regulation of intestate succession in Catalonia. In particular, it explores the principles that govern its operation and the main novelties introduced in it by the Law 10/2008, of 10 July, which enacted Book IV of the Catalan Civil Code, on the law of succession.
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- Copyright © 2014 by The Institute for International Legal Information
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1 Catalan law has always favored the so-called inheritance agreements. That is to say contracts by which an heir can be irrevocably appointed. In contrast, the Spanish Civil Code (1889) forbids them on various grounds, namely that their irrevocability hinders testamentary freedom or that they encourage the desire for the decedent to pass.Google Scholar
2 In this sense, it is worth noting that under the Spanish civil Code the surviving spouse only takes after the decedent's parents (not to mention the cohabitant, who isn't awarded any intestacy rights at all).Google Scholar
3 Under Catalan law, the forced share amounts to a quarter of the augmented estate. From the decedent's perspective, it is a restraint on his freedom to dispose mortis-causa, which, on grounds of solidarity between generations, entitles his descendants and, only in their absence, his parents to participate in his estate; from the beneficiary's point of view, it is a mere claim under the law of obligations (pars valoris).Google Scholar