Los antecedentes históricos de la reserva vidual

Abstract

The remarriage of the widow has always concerned the different legislators and depending on the time that we consider, the legislative solutions have changed to accommodate to the necessities of the moment. Nevertheless, the economic interests of the first marriage’s children have only been treated since the rule of the Christian roman emperors. One of the issues was in regard with the institution of the “reserva vidual”, a traditional figure in our Civil Law, that has its roots precisely in Rome. This figure was created to prevent that one family could receive some goods that came from a different family (the first marriage’s relatives) and had no relationship with the second marriage of the widow. We will study the evolution of the institution at the time of the Roman Law until our Historic Law.