Law of Succession and Inventory Process

The discipline appeals to solid knowledge obtained in the context of other disciplines, among which Civil Law, Family Law, the Law of Obligations and Contracts, the Real Rights, since there are personal and assets to be regulated and whose essential regime naturally derives from such disciplines.

The pedagogical approach combines face-to-face teaching (theoretical-practical) and interactive strategies to ensure the acquisition and application of the proposed knowledge. These methods unfold into three main dimensions:

In-person teaching (Theoretical-Practical): Presentation and discussion of program content; Carrying out practical work, such as case analysis, to encourage the practical and collaborative application of knowledge; Use of interactive digital resources to enrich the understanding of the topics covered; Promotion of collaborative learning, through group work, debates and presentations in class.

Tutorial Guidance: Individual and small group support to answer questions; Guidance for managing autonomous study and developing assessment activities; Continuous feedback to identify difficulties and guide the learning process, ensuring that the proposed objectives are achieved.

Autonomous Learning: Guided study based on recommended bibliography and analysis of complementary resources/materials (specialized digital resources); Resolution of practical cases through the application of legal provisions; Integration of collaborative learning, promoting teamwork.

Understanding the succession phenomenon in order to facilitate the assimilation of legal knowledge appropriate to the resolution of specific succession problems. To provide students with theoretical and methodological knowledge, from a legal and jurisprudential point of view, in order to enable future solicitors to intervene effectively in the interpretation, prevention and resolution of inheritance conflicts and solid knowledge in the field of division of assets.

The student must be able at the end of the semester:

– Using theoretical knowledge to identify successors and their respective modes of succession vocation.
– Be able to carry out sharing operations with a view to calculating the value of the inheritance and the hereditary share.
– Know how to determine the shares of the inheritance and the subjective legitimate share as well as the hereditary share of each heir.
– Be qualified to proceed with the attribution of donations.
– Know how to deal with the different collation regimes, proceeding with equalization when possible and if applicable the regime
legal supplement.
– Be able to identify the need to reduce unnecessary donations and implement them
through the respective sharing operation.
– Be able to resolve and advise on legal paths to specific inheritance problems.

– To understand and process the inventory process.

I. INTRODUCTION
A. General notions
B. Inheritance and legacy (art. 2030)

II. GENERAL PART
A. Death as a presupposition of succession
B. Opening of succession: concept, time and place (art. 2031)
C. Succession vocation
D. Recumbent inheritance
E. Succession Acquisition. acceptance and repudiation
F. Disposal of inheritance (arts. 2124 et seq.)
G. Inheritance administration (arts. 2079 et seq.)
H. Settlement of Inheritance
I. Sharing
a) “Friendly” (“extra-judicial”) sharing and simplified procedure (Remission);
b) Judicial and “para-judicial” or notarial sharing (sharing by inventory);
c) Simplified hereditary succession procedures – articles 210-A to 210-R, Civil Registry Code;
d) Inventory Process – its exhaustive study.
III. SPECIAL PART
A. Legitimate Succession
B. Legitimate Succession
C. The testamentary succession

NAO