Abstract
In the civil law doctrine, forgiveness is considered to be an emotional act or an act
similar to a legal act (including a conventional act) which consists of forgetting
the resentments for the harm suffered and the hurt felt. Meanwhile, forgiveness
is a personal process, involving a person?s entire psyche, the purpose of which
is to get rid of the forgiver?s desire to retaliate against the perpetrator. It is not
a declaration of intent nor any other legal construct. Due to the ambiguity of Art.
1010 of the Civil Code there is a dispute as to whether forgiveness can have legal
effects after a will ? in which an offender has been disowned ? has already been
drawn up, and the instruction has not been revoked. In the Supreme Court?s view,
forgiveness is effective in such a situation, while according to the vast majority
of the doctrine, the opposite view is correct. The informal nature of forgiveness
and its purpose ? which is the act of ?annulment of a civil penalty,? as well as
the requirement of protecting family ties by the inheritance law ? validate the
aptness of the Supreme Court?s position.