DUTY OF ASSISTANCE TO THE ELDERLY AND FAMILY SOLIDARITY:

LEGAL IMPLICATIONS RESULTING FROM REVERSE AFFECTIVE ABANDONMENT

Abstract

The principle of affection deals with the appreciation and recognition of emotional and affective relationships in human interactions and has come to be recognized, both by Superior Courts, as the cornerstone of Family relationships. In this sense, reverse affective abandonment presents itselt as a social and legal phenomenon that violates the principle of affectivity, since it refers to the situation in which children are responsible for the emotional and affective abandonment of their elderly parentes, damaging their well-being and health. Of these. Therefore, there arises a need to better understand the social, emotional and legal implications arising from reverse emotional abandonment, especially regarding the possibility of civil liability as well as possible loss of inheritance rights, based on the disinheritance of the child that incurs in the practice of abandonment. Therefore, the main objective of this article is to analyze the phenomenon of reverse emotional abandonment and its legal implications, especially in inheritance law. To this end, we will start with a bibliographical review on the subject, as well as we will deal with some Bills that seek to regulate the possibility of disinheritance of children who abandon their elderly parentes. As one of the conclusions, it is noted that we are facing a legal phenomenon whose debate has been gainig strength in academia, the Judiciary and the Legislature, which demonstratwa the importance of regulating the consequences arising from this unwanted conduct that can cause serious harm to victims.