The Succession Rights of the Surviving Spouse in the New Civil Code

This article analyses the succession rights of the surviving spouse in the New Civil Code, in force starting with 1 October 2011, detailing the aspects pertaining to the succession entitlement of the surviving spouse, the quantum and method of calculation for the rightful legal share of the surviving spouse when it competes against the classes of legal heirs, the homestead right of the surviving spouse (the right to reside in the marital home), his or her special inheritance right, and the method of calculation for his or her succession reserve (legitima portio), outlining for each situation the differences from the previous Civil Code.