Civil unions and Inheritance Law (freedom to make a will for childless single individuals)

Abstract

The text attempts to consider the possible solutions to the matter regarding the eventual rights of inheritance between live-in partners that the legislation should recognize, carrying out a cross-exercise: From the problem of civil union, critically analyze the general succession regulation; and from the Inheritance Law, critically analyze the regulatory attempts to deal with civil union. The paper also has bearing in a central aspect of the debate on legal regulations of civil union: if the legislator must focus his task on regulating the formal constitution of the aforementioned to later assign them legal effects, or to, on the contrary, if the legislator must provide regulations that allow to prove ex post the existence of the union to permit to its members obtain their respective rights and obligations.