El impedimento del ejercicio del derecho a una relación directa y regular entre abuelos y nietos como causal de desheredación e indignidad

Abstract

In accordance with the 20680 law, the Chilean legal system recognize the right of grandparents to maintain a direct and regular relationships with their grandchildrens. The author considers that this Family law reform should entail a reform in Inheritance law that provides for the possibility to recognise the disinheritance for hindering the exercise of this grandparents right and also this could be considerer as an unworthiness ground. Because of this lack of adequate legislative regulation, the article envisages the possibility of a jurisprudential interpretation that considers the impediment to the exercise of the grandparents visitation rights it is an injury ex article 1208.1 CC for the disinheritance or an unworthiness ground ex article 968.2 CC.