Failure to fulfill family obligations concerning the testator may be the reason for exclusion from inheritance according to the rules constituting the unworthiness of inheritance. Only if it is a spe-
cial type of tortious act and intentional crime committed by the successor against the testator it will be qualified by the Civil Court as a serious crime according to Article 928 § 1 p. 1 Civil Code. That admissibility of applying these rules to the unworthiness of inheritance depends on the evaluations by the criminal law standards and may lead to conclusions that are difficult to accept. First of all, intentional behaviours with the ill will of the successor do not always fulfil the statutory criteria of a special type of tortious act, especially concerning such crimes against the family and care as qualified non-alimentation (art. 209 § 1a Penal Code) or abandoning (art. 210 Penal Code). Second, to qualify these crimes as serious ones may be impossible because of too low a statutory threat. At the same time failure to fulfil the family obligation, especially concerning minors, should be stigmatized both from a moral and legal point of view and result not only in immaterial consequences but also in the loss of property, including inheritance. Especially a juvenile heir has no opportunity to sanction, including disinheritance and exclusion from inheritance according to negative will, behaviours of his statutory heirs in case of persistent failure to fulfil family obligations. De lege lata the only institution that can be useful in such a case is the unworthiness of inheritance. Because of its limited application resulting from the closed catalogue of causes a new solution should sanction undignified behaviours of heirs against testators like failure to fulfill family obligations, irrespective of legal admissibility of disinheritance by testators. It is crucial that regulations on the unworthiness of inheritance could prevent cases in which common
sense of justice would be violated because of the established order of inheritance.