The Institute of Retratto Successorio under Maltese Law

Abstract

There was a time when society prioritized the preservation of an estate beyond time. Social mobility was imperceptible. Patrimony and ranking were strongly tied, and every effort was made to exclude persons extraneous to the family from its internal affairs. It is against this archaic setting that the institute of retratto successorio must be considered. Remnants of this cultural perception still survive, though it is understood that these traits are doomed to fade away. Is there still a place for the retratto successorio within the current framework of the law of succession? This question lies at the heart of the forthcoming discussion on the purpose and development of this institute.