YEAR 2020 No 2 Vol. 22

ISSN 2182-9845

2020 No 2 Vol. 22
EDITORIAL

Helena Mota

As indeléveis transformações das formações familiares ocorridas nas últimas décadas impõem uma reflexão (também) sobre a componente patrimonial das relações jurídicas familiares e sobre a gestão do património familiar.

Liability for debts and compensations between spouses

Cristina Dias

Spouses debts; liability for debts; debt compensation between spouses.

We will seek to present a brief analysis of the debt liability regime in the course of marriage and its compensation. Compensation for the payment of the couple's debts is deferred for the time of the spouses assets sharing. This will result in the possible existence of compensations with negligible value, without safeguarding the balance aimed at between the different assets in communion regimes.

Generational transition and transfer “mortis causa” of family business in Spanish Law

Ignacio Gallego Domínguez

Family business; succession “mortis causa”; will, forced heirship; inheritance tax.
 

The most crucial challenge for family businesses is the transfer to the next generation. It affects both the leadership and the ownership of the enterprise, whether individual or corporate. Transferring the ownership of the organization at the time of the death of the owner, raises important questions in the Spanish Civil Code system, in which inheritance contracts are not allowed, and there are rigid forced heirship provisions, which limit the testator's freedom.

Party autonomy under the EU Regulation on matrimonial property regimes

Anabela Susana de Sousa Gonçalves

Party autonomy; choice-of-law agreement; choice-of-court agreement; European regulation on matrimonial property regimes; matrimonial property regimes; Private International Law.

One of the main structural principles of Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes is the principle of party autonomy, both in terms of conflict-of-laws and international jurisdiction. The purpose of this study is to analyse the implementation of this principle in the European Regulation on Matrimonial Regimes.

“Home, sweet home”: Protection of the family home and contract law

Maria Raquel Guimarães

Lease; sales contract; family protection; family home; right to housing; tenancy.

The place of one’s residence and, in particular, the family home, is not legally irrelevant and there are several implications of adopting a certain place of residence. In the Portuguese Constitutional Law the right to housing is a fundamental right that conforms the rule make action when defining contract laws and the limits of freedom of contract.

One step behind: About power transmission in portuguese close corporations

Alexandre de Soveral Martins

Family companies; Succession of the business; Articles of incorporation.

It is possible to plan power transition in family companies. That may be the best way of choosing the most prepared to continue the business, and it will allow a softer transition in order to avoid unnecessary value destruction. This article focuses on some of the tools that Portuguese Company Law provides to achieve those goals.

Some aversion of brazilian private international law to conflictual autonomy in patrimonial family matters: between fraud and public police

Gustavo Ferraz de Campos Monaco

International families; marriage property regime; succession planning; available right; conflict of laws.

In the context of the management of the patrimony of international families, it is necessary to discuss not only the Brazilian conflict of laws rules regarding the marriage property regime - and its extension to stable unions - and succession (especially as a theme of succession planning), but also the difficulty to recognize the conflicting autonomy in matters of available right in Brazilian law.