REDUCING EXCESSIVE DONATIONS IN THE LIGHT OF DIGITIZATION: PRACTICAL AND THEORETICAL ASPECTS
REDUCING EXCESSIVE DONATIONS IN THE LIGHT OF DIGITIZATION: PRACTICAL AND THEORETICAL ASPECTS

Summary/Abstract: There are two limits to the freedom of the deceased to dispose of his or her estate by way of liberalities mortis causa: the prohibition of acts concluded on an unopened estate and the prohibition of liberalities which violate the reserved portion of the estate. The reserved portion of the estate is that part of the inheritance which benefits a certain category of legal heirs; known as reserving heirs; against the will of the person leaving the inheritance; as expressed by direct disinheritance or liberalities. The legislator has laid down mandatory rules governing the reserved portion of the succession; so that it represents a minimum below which it cannot fall; irrespective of the will of the deceased. If this rule is not complied with and the succession reserve is breached; the sanction that kicks in is called the reduction of excessive liberalities. It amputates legacies which exceed the available quota; which is reduced to the limit of the quota; in order to comply both with the legal provisions and with the will of the deceased.

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