A partilha em vida à luz da actual lei das sucessões

Abstract

Law as a science recognises and regulates the phenomenon of death, although with less autonomy compared to obligations. In this sense, there is a degree of freedom of disposition in inheritance law, which fulfils a fundamental need by making it possible, as a preventative measure, to avoid the well-known disputes and disagreements that normally arise between legitimate heirs during a traditional, post-mortem division of assets. As is well known, the inheritance phenomenon presupposes the death of a person beforehand, which is what triggers all the effects, as is clear from Article 1 of the Law of Succession. However, when analysed from the point of view of the time from which its effects are triggered, it can be seen that these effects operate while the donor is still alive, which is in stark contrast to the logic of the succession phenomenon, if we take into account the fact that the effects of succession business only take place after the death of the successor.