Indignidad

Indignidad is a legal notion found in civil-law traditions referring to a determination that a person is unworthy to exercise certain rights due to conduct considered gravely dishonorable or harmful to the family or social order. The most common application is indignidad hereditaria, or hereditary indignity, which excludes an offender from inheriting from a relative.

Causes typically include acts against the decedent or against family members, such as murder or serious harm, or other acts aimed at the testator’s estate or at the rightful heirs. The exact list of causes and the conditions for establishing indignidad vary by jurisdiction and are defined in the relevant civil codes or laws. In some systems, it can require a court decision or a conviction; in others, a judicial declaration separate from criminal guilt may suffice.

Effects: When indignidad is declared, the disqualified person loses the right to inherit from the affected person; the estate is redistributed among other rightful heirs according to the applicable succession rules. In some jurisdictions, indignidad may also affect other privileges or rights, such as eligibility for certain offices or claims in specific civil processes. The declaration is usually made by a court and can be subject to appeal; procedures and remedies differ across legal systems.

Comparison and scope: Indignidad is most common in continental European civil law and in many Latin American countries influenced by it. In common-law jurisdictions, similar concepts exist under disinheritance or forfeiture, but the exact term indignidad and its mechanisms may be absent or differently framed.

See also: disinheritance, disqualification, civil code, inheritance law.