STRICT IMPROVEMENT: MEDIUM FOR GREATER TESTAMENTARY FREEDOM

Abstract

The improvement is a typical succession institute of Hispanic law, which combines the freedom to testify with forced succession. In general, it has been known as the “third improvement”, because it is a portion that generally constitutes the third of the inheritance and is intended to increase the hereditary portion of any of the descendants (in addition to the quota of strict legitimate, which is usually a legitimate short) and whose distribution, therefore, is unequal. The advantage is that the greater freedom of disposition offered by the improvement with respect to the systems where legal succession with
long legitimate ones predominates, is that it is limited to the legitimate family. And, in addition, an heir could accumulate in addition to the corresponding legitimate portion, the improvement portion and the freely available portion. It can be used to improve offspring who especially need capital to take care of their illnesses, to reward the services provided to the deceased or to continue family assets. Then, this institution of inheritance law will be analyzed since its validity in Visigoth law, its presence in Indian law, the fate it had in the Civil Code, the restoration projects of the institute in Argentina and its survival in some Hispanic Americans countries.