Family Law and Succession Law
Core concepts
Family law governs marriage, filiation, parental authority, adoption and maintenance. Marriage may be civil or traditional, with effects on property (community of property versus separation). Parental authority includes care, education and representation of minors. Maintenance obligations arise from family ties and need.
Succession law governs transmission of assets on death. There are two main types: legal (intestate) succession and voluntary (testamentary) succession. The legitimate portion (legítima) protects forced heirs and limits testamentary freedom. The estate is liable for the deceased's debts, and heirs may accept or renounce the inheritance. Order of succession follows classes of heirs, with descendants generally first.
Traps
- Confusing the legitimate portion (protected share) with the disposable portion.
- Assuming a will can exclude forced heirs entirely.
- Mixing marriage property regimes and their effect on succession.
- Forgetting that renunciation must follow legal form.
Rule of thumb
In succession questions, first identify the applicable regime (legal or voluntary), then the heirs and their shares, then the debts.
Worked example
A deceased leaves a spouse and two children. The children are forced heirs entitled to the legitimate portion; a will disposing of the entire estate is invalid to the extent it breaches that share.