La Cautela Socini como mecanismo de flexibilización de las legítimas

Abstract

In notarial practice, it is often observed that those who make a will intend to leave everything to their spouse. Such intention conflicts with the legitimate rights of descendants and, failing that, ascendants. Although these rights are robustly protected, making them generally inviolable (both in terms of their amount and their quality), there are certain safe conducts that allow for their flexibilization and even their complete avoidance.
These mechanisms go beyond the strict realm of succession Law, belonging to other areas of civil Law that the legislator has not taken into account to fully close the inviolability of legitimate shares. This work focuses on studying them with the aim of demonstrating their feasibility and validity through the doctrine of the Supreme Court and the General Directorate of Legal Security and Public Faith.