La igualdad por razón de filiación y la sucesión hereditaria
This paper begins with the difference in treatrnent given to legitimate, natural illegitimate and non-natural illegitimate children regarding their inheritance rights depending on the date of death of the deceased, since the inherirance upon death is ruled by the law in force at that time. Ir ana...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7198032 |
| Source: | Derecho privado y Constitución, ISSN 1133-8768, Nº 34, 2019, pags. 139-195 |
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| Summary: |
This paper begins with the difference in treatrnent given to legitimate, natural
illegitimate and non-natural illegitimate children regarding their inheritance rights
depending on the date of death of the deceased, since the inherirance upon death is
ruled by the law in force at that time. Ir analyses the Supreme Court and Constitutional
Court case-law about the criteria of temporality of the Spanish Constitution
and the protection of the legal security. Afterwards, it addresses the children's equality
concerning their inheritance rights. In so doing, it offers severallegal arguments
against the filiation discrimination, like the possible unconstitutionaliry of some artides
of the original Civil Code, the infringement of the public order, the indirect
discrimination or the violarion of the European Convention of Human Rights according
to rhe European Court of Human Rights case-law |
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