Evolution Under The Colombian Political Constitution Of The Surviving Spouse Right To Inherit, From The ‘Spouse Portion’ To The ‘Marital Portion’, Veering Towards A New Approach

Abstract

The emergence of the Colombian Political Constitution, produced within a context of new challenges experienced by the current society, allowed a renewed approach to the marital right of survivorship. This understood as the right to inherit part of the deceased’s assets whenever the survivor doesn’t have necessary resources for her congruous living. Also, expanding this right’s application to a new concept of family and analyzing the possibility of its elimination as a forced assignment. The latter due to the existence of legal institutions which provide a better and more adequate protection. For this purpose, this article is structured as follows. First, the introduction presents a historical analysis of the marital portion. Subsequently, a study depicts the evolution of the concept of family beginning with the Political Constitution to continue later with the examination of the content of the regulations of the marital portion in Colombia towards a proposal of reform. Next, an observation is given on the phenomenon of the Constitutionalisation of the marital portion and its jurisprudential contribution in Colombia. Finally, the final considerations are proposed.