Abstract

This paper aims to propose that the new Constitution should established in a special way the protection of minors descendants and disabled people as members of the Family. In accordance with this, and based on the existence of freedom of disposition of the deceased through the rules of succession due to death, it will be argued that restrictions on that freedom must be based not on the social function of property, but rather the protection of family members whenever they are descendants or persons with disabilities, thus justifying the transition from a forced allocation with a hereditary nature to one of a maintenance nature, as has been proposed in some compared systems.