El sistema legitimario de Galicia

Abstract

This research studies the regulation of the “legítima” (legitimate portion or compulsory share) in the Law 2/2006, of June 14th, on Galician Civil Law. The aforementioned law creates, for the first time, a proper compulsory share system that, in some of its fundamental lines, departs from the regulation of the compulsory share in the Civil Code. Among the novelties introduced by the Galician system is the configuration of the legitimate portion as a right to credit, rejecting definitively the idea as a right to participate in the inheritance or in the hereditary assets. The study is divided into three parts that consider the compulsory share from different perspectives: the first part refers to the structure and function of the legitimate portion; the second, the ways in which the causer can satisfy the legitimate portion; the third, to the actions that protect the legitimate portion.