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 (of Things), since there are personal and assets to be regulated and whose essential regime naturally derives from such disciplines.

Teaching cannot fail to be theoretical-practical. There is, of course, a two-way relationship, mutually complementary, between doctrine, jurisprudence and the specific requirements of «cutting the living flesh of interests», as a great cilivist said. The “inter-active” and bidirectional learning between student and teacher gains more weight, forming a kind of complex system of waves of spiral propagation of formative informational and communicational flows that go from the concrete problems of life (A) to normativity ( B) or current law, which dialectic and respectively are projected both in the refinement of the level of analysis of the concrete cases of life, as in the concrete determination of the criterion that practical-normatively is objectified by the legal norm, to finally converge and condense in a final result informational and communicative training providing an effective self-determining, informational and communicational affirmation, existentially differentiated in each student (C). With this, the student acquires generic skills [global skills, common to the various university training courses that may be instrumental (cognitive, methodological, technical and linguistic skills), interpersonal skills (individual skills developed in environments of cooperation, decision and social interaction) or systemic (adaptation and leadership skills, initiative and creativity)] and specific [acquisition, mastery, application and communication of knowledge in a given area of ​​knowledge] that will allow you to fasten your chosen professional mask, since such learning involves an acquis of skills, qualifications and knowledge essential to the exercise of a given activity or to obtain a specific professional profile.

With the current teaching paradigm changed, with the current “Bologna Process”, “inter-active” and bidirectional learning between student and teacher gains more weight, forming a kind of complex system of waves of spiral propagation of information flows and formative communicational issues that go from the concrete problems of life (A) to the normativity (B) or current law, which dialectically and respectively are projected both in the refinement of the level of analysis of the concrete cases of life, as in the concrete refinement of the criterion that practical- normatively, it is objectified by the legal norm, to finally converge and condense in a formative informational and communicational final result that provides an effective self-determinative, informational and communicational affirmation, existentially differentiated in each student (C). With this, the student acquires generic skills [global skills, common to the various university training courses that may be instrumental (cognitive, methodological, technical and linguistic skills), interpersonal skills (individual skills developed in environments of cooperation, decision and social interaction) or systemic (adaptation and leadership skills, initiative and creativity)] and specific [acquisition, mastery, application and communication of knowledge in a given area of ​​knowledge] that will allow you to fasten your chosen professional mask, since such learning involves an acquis of skills, qualifications and knowledge essential to the exercise of a given activity or to obtain a specific professional profile. That said, the Chair of Succession Law and Inventory Process aims to provide a precise notion of the main institutes of this branch of Private Law that complements this other discipline “Family Law”. In the right place – the sharing –, the essential procedure of the Inventory Process is noted. In short, it aims to provide students with teachings about the regime for the transmission of legal relationships of a deceased person’s nature and consequent return of the assets belonging to that person (the various stages of the succession phenomenon, from the opening and succession vocation to the sharing; the various forms of succession mortis causa) and, in particular, about the recent legal regime of the probate 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

Bibliografia Recomendada:

– RODRIGUES, Benjamim Silva, Direito das Sucessões, (no prelo), 2022.

– COELHO, Francisco Manuel Pereira, Direito das Sucessões, FDUC, 1992 (actualizadas pelo Docente) (elemento base).

Bibliografia Complementar:

– AMARAL, Jorge Pais de, Direito da Família e das Sucessões, 6.ª ed., Livraria Almedina, Coimbra, 2020: (1-438).

– CAMPOS, Diogo Leite de, Lições de Direito da Família e das Sucessões, 4.ª ed., Reimpressão, Livraria Almedina, Coimbra, 2021.

– CORTE-REAL, Carlos Pamplona, Direito da Família e das Sucessões, Relatório, Suplemento da RFDUL, LEX, Lisboa,1996: (1-292).

– DIAS, Cristina M. Araújo, Lições de Direito das Sucessões, 7.ª Edição, Reimpressão, 2021: (1-274).

– LEITÃO, Luís Manuel Teles de Menezes, Direito das Sucessões, 2.ª Edição, Livraria Almedina, Coimbra, 2022: (1-440).

–  PINHEIRO, Jorge Duarte, O Direito das Sucessões Contemporâneo, 4.ª ed., 1.ª Reimpressão, Lisboa, AAFDL, 2021.