The First Chamber of the Supreme Court of Justice (SCJ) says that it is legal for parents to disinherit a child that has mistreated them.
The decision is based on the interpretation of Article 727 of the Civil Code, which provides that legitimate or natural children who have repeatedly performed acts detrimental or deceit to their parents or that affect their reputation and dignity may be declared unworthy of inheritance, and as such can be excluded from inheriting.
The ruling establishes that children who have mistreated or seriously insulted their parents with deeds or words, or who have denied them protection or assistance may be declared unworthy to inherit.
The Constitution of the Republic in Art. 57 already establishes the protection of the elderly as an integral right.
The Supreme Court judges explain that it is justified for the parents, who in principle are free to allocate their patrimony in the way they deem convenient, to exclude a child from the inheritance when there is a rupture of the affective or sentimental bond.
In addition, parents can disinherit their children that incur in repeated practices of psychological, emotional or physical abuse that is incompatible with the paternal-filial relationship and the elementary duties of respect and consideration that derive from it, as in the cases established in articles 727 of the Civil Code and 1 of Law 1097-46.
Judgment No. SCJ-PS-22-2191, dated July 29, 2022, rejects the cassation appeal filed against civil judgment No. 00076, issued on 26 October 2015 by the Civil and Commercial Chamber of the Court of First Instance of the Judicial District of Espaillat, which has its origin in a lawsuit for inheritance exclusion of inheritance.
The judges signing this decision are Pilar Jiménez Ortiz, who presides over the First Chamber, Justiniano Montero Montero, Samuel A. Arias Arzeno and Napoleón Estévez Lavandier.
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22 November 2022