La reformulación por la Ley 41/2003 de la delegación de la facultad de mejorar

The figure traditionally known as delegation of the power to improve the descendants, collected in the original version of the article 831 CC, has presented since its incorporation into the codified text an attraction for legal literature far removed from its effective practical importance. Neither the literal first tenor nor the modification produced in 1981 aimed at increasing its use, have been able to overcome what for some responded to the lack of tradition and roots and for others was the result of the abundant practical problems caused by a strange institution to the succession system of the CC. The cumbersome and regulatory version of Law 41/2003 resembles a new attempt to give impetus to an institution whose goodness has been amply credited by some "foral" (today autonomous) legal systems that contain similar institutions. Undoubtedly, its forced fit into a law destined to fulfill purposes that only indirectly coincide with the figure that concerns us, the absence of a fairly complete approach to the reform of the succession regime of the Code, whose obsolescence the doctrine has been denouncing for decades, and the faulty legislative technique that the new and complex wording suffers continue to invite the interpreter to look for the thousand and one edges of the inheritance trust contained in the precept. That the new text will also serve to fulfill the desirable ends that were probably in the legislator's mind is much more debatable