Cuidado y solidaridad en la crisis de la legítima. Bases para una reinterpretación constitucional del Derecho Sucesorio italiano

This work investigates the profound transformation of the Italian succession paradigm, from the traditional model of the family as an institution, based on stability, hierarchy, and the preservation of wealth, to a contemporary conception centered on the family as a network of relationships, where affection, reciprocal care, and concrete responsibility constitute the guiding criteria of succession. The current system of forced heirship, based on presumptions of formal solidarity, appears inadequate and produces constitutional dissonance, rewarding only blood ties or status while neglecting the actual contribution to the deceased’s life. The introduction of disinheritance for serious and voluntary violations of family duties, already inferable from Article 448-bis of the Civil Code, is proposed as a prerequisite to safeguard the constitutionality of forced heirship. In parallel, reforms consistent with the logic of care are outlined: reduction of forced shares, enhancement of mejora, transformation into a credit right, balanced protection of spouses and cohabitants, and safeguarding minors, young adults in education, and persons with disabilities. From this perspective, succession is conceived as a succession law founded on care, in which the transfer of assets realizes concrete solidarity and rewards those who have effectively supported and shared the deceased’s life, surpassing the automatism of blood ties and status.