The lack of attention of the disabled as a cause of indignity: from the novel 115 to the 41/2003 and 15/2015 laws

Abstract

The present work analyzes, in its historical development, the protection of the disabled through the prohibition to inherit for these who, having the right to inherit and knowing his situation of need, had not given him the due care. The measure finds its starting point in Justinian Law, together with the bestowal of the right to inherit to the stranger who has taken care of the neglected furiosus; this regime is received, with certain nuances, in Partidas, and, although it is maintained by the Project of 1851, it is not included in the initial regulation of the Civil Code. It is only in 2003 when the lack of care of the disabled re-emerges in our country as a cause of indignity to inherit, thus the current regulation of this figure is examined -which shows how certain issues, already solved in the historical legislation, are left to interpretation, as well as its jurisprudential application..