Unworthiness is a type of succession incapacity that disqualifies a person from receiving an inheritance.
The following heirs or legatees are excluded from inheritance due to unworthiness:
- Those who were perpetrators, co-perpetrators, or accomplices in a crime or attempted intentional homicide against the decedent, their spouse, domestic partner, ascendant, or descendant.
- Those who falsely accused the decedent of a crime (calumny) or committed a crime against their honor or that of their spouse/domestic partner.
- Those who, through violence or fraud, prevented the decedent from disposing of their assets through a testamentary act (last will).
The descendants of the unworthy heir inherit as though the unworthy person were deceased, and the unworthy individual is not entitled to the usufruct or administration of the assets inherited by their minor children.
The exclusion of an heir is initiated by those with an interest in the succession. However, the aggrieved party may rehabilitate the unworthy individual, provided they do so explicitly through a will or another authentic act.
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