The First Chamber of the Supreme Court of Justice (SCJ) established that exclusion from inheritance due to indignity or disinheritance constitutes a civil sanction that entails the deprivation of the right to inheritance of the person sanctioned.
He points out that Article 727 of the Civil Code provides that legitimate or natural children who have repeatedly acted in a manner that is harmful or deceitful to their parents or that affects their reputation and dignity may be declared unworthy of succession and, as such, excluded from the succession of their parents.
The above excludes from the inheritance those children who have mistreated or seriously insulted their parents with deeds or words or who have denied them protection or assistance.
Article 57 of the Constitution of the Republic establishes the protection of the elderly as an integral part of our catalog of fundamental rights.
"Thus, it is entirely justified that the parents, who in principle are free to dispose of their patrimony in the way they deem convenient to their personal interests, pursue the disinheritance of their child when there has been a rupture of the affective or sentimental bond, with those children who have incurred in repeated practices of psychological, emotional or physical mistreatment that is incompatible with the paternal-filial relationship and the elementary duties of respect and consideration that derive from it, as it happens, in the cases established in articles 727 of the Civil Code and 1 of the Law No. 1097-46". 1097-46", the court held.
In this regard, the aforementioned chamber by judgment No. SCJ-PS-22-2191, dated July 29, 2022, rejects the cassation appeal filed against civil judgment No. 00076, issued on October 26, 2015 by the Civil and Commercial Chamber of the Court of First Instance of the Judicial District of Espaillat, which has its origin in a lawsuit for inheritance exclusion of inheritance.
The judges who signed this decision are Pilar Jiménez Ortiz (who presides the First Chamber), Justiniano Montero Montero, Samuel A. Arias Arzeno and Napoleón Estévez Lavandier. To read the complete sentence, please access the following link: https://bit.ly/3Oi8T5K
