La exclusión de los tíos del orden hereditario en la legislación colombiana: Un abordaje en clave de casos difíciles

Abstract

¿ what theoretical approach allows focusing attention on the most significant traits of the "unequal" treatment of inheritance legislation between nephews and uncles, favoring a legal and theoretical interpretation consistent with Colombian domestic law and generating recommendations to act in practice Legal basis? The purpose of this essay is to address that question. To do this, the antecedents of hereditary orders are first tackled. Then, Law 29/1982 on equality of inheritance rights between legitimate, extramarital and adoptive children is interpreted. Third, there is a dialogue with the specialized literature and jurisprudence of the Constitutional Court and the Supreme Court of Justice, in relation to hereditary orders; here we introduce the theoretical view of the philosopher Ronald Dworkin in order to provide a critical look at the proposed dialogue.