Antecedentes histórico-legislativos de los dos tercios de legítima a favor de los hijos o descendientes del Código Civil español

Abstract

The decisive importance of the Roman system of succession in the historical and legislative tradition of Spanish inheritance law is indisputable. The foundations of our law in this area are directly linked to the Roman tradition of reserving a portion of the inheritance for the heir, who could be a child or a stranger. However, throughout the 19th century, the codifying movement that gave rise to the current legislation decided to take other paths, breaking with a tradition that had prevailed unchanged for centuries. The reason for this break with the legislative tradition has been sought in medieval law, which is why a reinterpretation of the sources of law is necessary as the only appropriate way to arrive at a correct conclusion.