Jurisprudential position of the Supreme Court on the Socini Caution

Abstract

The purpose of this Final Degree Project is the integral study of the institution of the legal usufruct attributed to the widowed spouse. Likewise, the figure of the cautela socini will be approached in detail, due to its practical connection with this right and its capacity to modulate the usufructuary attribution in testamentary proceedings. Although its configuration finds its normative basis in the Civil Code, its application in certain cases has required the interpretative intervention of case law.

In this context, a jurisprudential review of the doctrine emanating from the Supreme Court in relation to this figure is included, highlighting in particular the Judgment of June 10, 2014. Said ruling represents an absolute and unconditional support to the will of the testator, constituting, in addition, an essential reference for the delimitation and understanding of the legal nature that defines the so-called cautela socini.