La inexistencia de un derecho incondicionado de los hijos a heredar: una comparación entre derecho italiano y peruano

This research offers a comparative analysis of the Italian and Peruvian succession systems, based on a reconstruction of the reserved portion in both legal systems and their common background rooted in French law. By examining the evolution of the model of the réserve héréditaire in French law and recent European and national case law, the tension between testamentary autonomy, family protection and international public policy is investigated, with particular emphasis on crossborder successions governed by European Union (EU) Regulation No. 650/2012 and the criteria for determining the lex successionis. In light of the rulings of the Italian Corte di Cassazione, the French Cour de cassation and the European Court of Human Rights, this study argues that there is no unconditional, constitutionally protected right of children to inherit, emphasising that the reserved share does not constitute a fundamental, inalienable right in either legal system. Finally, it explores, from a legislative perspective, possible avenues for reform aimed at rebalancing family solidarity with the testator’s freedom of self-determination, from a personalist and dynamic perspective of the succession process.