La protección de los herederos forzosos. La acción de reducción

The article, after describing the main theses defended by the Spanish doctrine in relation to the legitimate share in the Civil Code, proposes a reconstruction of the protection of the legitimate shareholders. Starting from the idea that there is a difference between the legitimate share and the inheritance quota and from the consideration that, in the absence of injury, the legitimate share has no right of action, it is stated that the interest protectedby the Civil Code is the material legitimate share. In order for the legitimated beneficiaries to be able to obtain the material reserved share, the law attributes the action of supplementation and the action of reduction. This is a single action, the effect of which is to render ineffective the provisions detrimental to the legitimated party. This results in a redefinition of the parts of the inheritance that allows the legitimated person to obtain the reserved portion. In the absence of a redefinition of the inheritance shares, it is not rationally possible to explain the title of acquisition of the successor in title, nor the technical mechanism by virtue of which it is carried out.