A legítima dos ascendentes
: desadequação do regime e sugestões para a sua mudança

  • Ana Rita Monteiro Martins Guedes (Student)

Student thesis: Master's Thesis

Abstract

The Portuguese legal system reserves a part of the inheritance assets to some heirs, regardless of the will of the deceased. This compulsory part constitutes a serious and disproportionate limitation to private property and to the freedom to dispose of the property in case of death. The stipulation of “legítima” and “forced heirs” was based on the constitutionally guaranteed protection of the family, and it is in this same sense that the mentioned limitation has been justified. However, social changes of the late twentieth century, and the consequent emergence of new family realities, puts into question what was established in the reform of 1977 to the Civil Code in matters of succession, especially as far as the ascendants are concerned. There is an urge need to update and liberalize the system. Therefore, it is appropriate to consider the affective and effective relationships between the heirs and the deceased, as well as the needs that are truly at stake. The ascendants’ reserve is not consistent with the current familial situations and, as in other legal systems, it is proposed to suppress their right and to compensate it through an obligation of duty of care attached to the inheritance.
Date of Award19 Jul 2021
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorRita Xavier (Supervisor)

Keywords

  • Legítima
  • Forced heirs
  • Family protection
  • Private property
  • The ascendants’ reserve
  • Duty of care attached to the inheritance

Designation

  • Mestrado em Direito

Cite this

'