El testamento, la filiación adoptiva y la aplicación inter privatos de los Derechos Fundamentales
Indret: Revista para el análisis del Derecho, núm. 2, pp. 1-35.
Año: 2012
Autor/a:
Margarita Herrero Oviedo.
In Judgement of 27th April 2010 the Constitutional Spanish Court sustained that lower Courts,
interpreting a testamentary clause that included only the biological offspring, had committed a break of the
principle of equality.
This article tries, on the one hand, to demonstrate that the issue lacks constitutional relevance, as the
equality between biological and adoptive offspring is a legal requirement yet not a constitucional one. On
the other hand, it explores the question of whether testamentary freedom can be limited by other rights, and
in particular, by the principle of equality
interpreting a testamentary clause that included only the biological offspring, had committed a break of the
principle of equality.
This article tries, on the one hand, to demonstrate that the issue lacks constitutional relevance, as the
equality between biological and adoptive offspring is a legal requirement yet not a constitucional one. On
the other hand, it explores the question of whether testamentary freedom can be limited by other rights, and
in particular, by the principle of equality