CONDITIONS SO THAT THE OFFENSE OF MURDER OR ATTEMPTED MURDER SHALL ATTRACT THE DEBARMENT FROM SUCCESSION
CONDITIONS SO THAT THE OFFENSE OF MURDER OR ATTEMPTED MURDER SHALL ATTRACT THE DEBARMENT FROM SUCCESSION

Summary/Abstract: Once a person dies, those close to him must share the deceased's estate according to the fulfillment of the criteria expressly provided by the civil legislation. As part of the verification of the fulfillment of these requirements, an interference will be made between civil law and criminal law, in order to establish whether the successor meets the minimum conditions to be able to benefit from the inheritance left by the deceased. The existing link between the matter of inheritances and criminal law emerges from the need to fulfill the requirements by the persons called to the inheritance in order to be able to have a succession vocation, this being one of the most important conditions established by the legislator in this regard. In order to carry out this correlative examination, debarment appears as a civil law sanction that intervenes if one of those called to inherit is found guilty of committing a very serious act against the deceased. Debarment from succession is determined by the type of crime committed by the successor, the group of these facts, although it appears to be restricted, presents a series of special elements that often even present problems of interpretation for those called to solve the cases. The offense of murder is one of the facts that can attract the status of de jure debarment for the successor, the motivation being more than obvious. Thus, this is included in the category of some of the most serious crimes, therefore, the legislator's choice to sanction the perpetrator is justified both from the perspective of the criminal law and the civil law.

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