Venda a filhos ou netos

Abstract

Every modern society holds a collection of coexistence rules that allow their members to relate, relatively, in a pacific and organized way. Example of that is the legal provision of the article nº 887 of our Civil Code, in which the meaning and its extent is approached in the following master’s degree dissertation. The article nº 887 stipulates that parents and grandparents are forbidden to carry out purchases and sales contracts with their children and grandchildren, if their other children and grandchildren do not give their consent to those ends. In fact, there is a variety of contracts concerning sales and purchases between parents/grandparents and children/grandchildren that are nothing more than simulated sales and that in reality, only intend to hide donations. To avoid such results, the need to obtain consent from the remaining children and not the grandchildren is imposed, unless there’s a child that passed away. However, as simple as this article may appear, it arouses several questions. After reading and analyzing several works, from different authors and numerous jurisprudences, we collected the necessary information to explore questions such as the real purpose of this norm, the range of its subjective and objective scope, the consent, the sanction that it is subjected to and its connection with the succession phenomenon. At the same time, we always tried to develop personal criticism, according to our understanding of each topic. However, we found strong differences in the compilation of the various doctrines and developed theories, which made our one argument positioning really difficult. Limiting, in turn, the defense for efficiency (or not) of this precept. There is no doubt that, the alienation to descendants, is, despite its age, a modern theme that requires investigation. With the results obtained in this dissertation, we tried to contribute positively to its interpretation.

Date of Award	13 Jan 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Carlos Brandão Proença (Supervisor)