Adjust the criteria for exclusion from the succession as unworthy under the provisions of the Civil and Commercial Code, Section 1606.

Abstract

According to Section 1606 of the Civil and Commercial Code, an heir forfeits their inheritance rights if they act in an unjust manner toward the decedent. On the other hand, is it unworthy of an inheritance or not if the heir has a legal relationship with the deceased but has no relationship with them or neglects their long-term care and needs? In light of these wrongful acts, should family members who have committed acts of violence, rape, or sexual abuse be prevented from inheriting property?

Several countries have started adjusting the grounds for exclusion from the succession in the same direction as of 2020. In addition, the French Civil Code, which was revised in 2020, provides that violence, rape, or sexual harassment to a family member is a reason to be prevented from inheriting. While the Lao Civil Code, which was announced and became effective in 2020, and the Korean Civil Code, which was revised in 2021, both determine that failure to comply with family support duties is a cause for the heir being disinherited.

In addition to me, it remains inappropriate to act violently toward family members or neglect the duty to support for family. In addition, over the past few years, several countries have begun to adjust the conditions for exclusion from succession in order to adjust to the concept of family institutions. The conditions for exclusion from succession should be modified so that they might be passed on to deserving heirs under the Thai Civil and Commercial Code.