CONTROVERSIAL ASPECTS CONCERNING THE REGULATION OF SUCCESSIONAL INDIGNITY IN THE NEW CIVIL CODE
CONTROVERSIAL ASPECTS CONCERNING THE REGULATION OF SUCCESSIONAL INDIGNITY IN THE NEW CIVIL CODE

Summary/Abstract: The regulation of successional indignity in the new civil code has entailed a laborious process of interweaving the elements of permanence, which were preserved from the old regulation, with elements of novelty, which reflect the vision of the legislator and their legislative policy. Thus, a legislative element of absolute novelty in this matter consists in the regulation of judicial indignity, as one of the forms of successional indignity, along with indignity by law. Subject to the same logic of the legislative renewal are the regulation of new cases of indignity by law, as well as the regulation of acknowledging indignity by a final civil judgment for the hypothesis in which the ruling of a final criminal judgment of conviction would be prevented by the death of the perpetrator, by amnesty or by the timebarring of criminal liability.

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