Disinheritance and Indignity: Toward the Inclusion of Concubines in Peruvian Succession Law

Herrera-Navarro S. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.14567315

Resumen

This article analyzes the legal implications of concubinage in inheritance allocation under Peruvian law, highlighting the need to reform exclusionary causes such as disinheritance and indignity to include concubines. The objective is to propose a legal amendment that ensures a fairer and more equitable framework in the context of succession. The methodology includes a comparative analysis of the legislation in Peru, France, Italy, Venezuela, and Bolivia, focusing on the rights and duties of concubines compared to spouses. The study finds that Law 30007 grants inheritance rights to concubines but does not include them in the causes for exclusion from inheritance. A comparison with other countries' legislation shows that France and Italy have abolished disinheritance, while Bolivia and Venezuela retain this figure, reflecting divergent normative approaches. The article concludes that legislative reform is necessary in Peru to include concubines in exclusionary causes, thereby promoting a more equitable succession system.

Instituciones: Universidad Nacional de Piura