Renúncia recíproca à condição de herdeiro legitimário

: proteção da casa de morada da família

Abstract

Law nº. 48/2018, dated August 14th, introduced the possibility for spouses to renounce their rights to inherit from each other as legitimate heirs. This was achieved through the inclusion of subparagraph c) and nº 3 in Article 1700º, as well as nº 2 of the Civil Code. Additionally, the changes were completed with the addition of articles 2168º and 1700º-A to the Civil Code. From the perspective of the renouncing surviving spouse's position in inheritance, these changes are analyzed and criticized for the limited protection they provide to the family home. Suggestions are provided for reinforcing this protection through effective succession planning strategies.

Date of Award	13 Oct 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Xavier (Supervisor)