Publication at Faculty of Law |
2021
Abstract
The right to receive the payment of a sum of money in the amount of the compulsory portion is the only right that a forced heir may claim, irrespective of the will of any other person (i.e. irrespective of the will of the testator and irrespective of the will of the persons obliged to satisfy the right to receive the compulsory portion). This right is therefore subsidiary in nature and exists in principle at all times, given the possibility for the forced heir to refuse an inheritance or legacy with the reservation of the compulsory portion.
This article deals with issues relating to this right that have no simple solution.