Disability in the imperative succession | 2016

Author(s) Ana Rita Gomes da Silva
Advisor(s) Cristina Dias
Year 2016

Synopsis This master dissertation consists in the foremost study of the legitimate succession, namely the disability’s, under the Portuguese Succession Law. It is intended to bring out the historical approach of the institutes of unworthiness and disinheritance, which allow the removal of the legitimate heirs from their legitim, making a brief allusion to the inheritance system in Portugal, also focusing the legal succession and its modalities. Furthermore, concerning the legitimate succession, it is stated the position of the legitimate heir and the ways of protection that the law gives against the provisions of the author of the succession affecting his legitim, mentioning, thus, the autonomy of the legitimate succession and the nature of its vocation. We found that in the Portuguese Succession Law the legitimate succession and the causes of disinheritance and unworthiness not always assumed the same relevance as in the foreign law. It seems therefore appropriate to make study on the “succession incapacities” under legitimate succession, understanding the operative regime, the position of the Portuguese and foreign doctrines on the issue and assess an appropriate resolution offered by the various legal systems for this problem. In this context, it is proposed to introduce further causes of disinheritance, choosing, as a solution, the model that approaches the German law regarding the causes of disherison.

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