In favor of the acceptance of the inheritance pacts of institution and renunciation

Abstract

As is known, contractual or conventional inheritance is not accepted in our legislation, however, the acceptance or rejection of pacts on future inheritance or some of them is a matter that raises wide controversy in the legal doctrine. The purpose of this article is to analyze said pacts, an issue necessarily linked to the freedom to dispose of assets by will and the convenience or not of maintaining compulsory assignments. For this purpose, the typology of said agreements - of institution, disposition and renunciation - and their common requirements are studied first; then the reasons why this distinction is admissible in national law are exposed and general and particular arguments are developed to maintain the admissibility in our legal system of the pacts of institution and resignation, the general prohibition of article 1463 of the Civil Code should remain restricted to the disposition pacts.