A sub-rogação pelos credores do repudiante da herança, ao abrigo do artigo 50 da lei nº 23/2019, de 23 de Dezembro

Abstract

This TFC discusses the disharmony existing between the legal institutions of the repudiation of the inheritance, the subsequent succession vocation and the subrogation by the creditors of the person repudiating the inheritance. Therefore, in essence, we were able to establish that, with regard to subrogation by the creditors of the person repudiating the inheritance, under the provisions of article 50, no. 1, of the LS, there is no true acceptance of the inheritance by part of those – creditors – in the name of this – the repudiant –, but rather a forced legal solution, since once the inheritance is refused the repudiator becomes non-existent in the map of people capable of succeeding the deceased. Even so, however, their right to representation is not harmed, and their descendants are therefore called to take their place in succession, as is clear from the combined terms of what is set out in articles 45, in fine, 8, no. 2, and 15 all of the LS, as well as the fact that art.° 8 of the LS, regarding the succession vocation, there is no mention, at any time, of the possibility of the creditors of the priority successor being called to succession in the event that the latter deems it best to refuse to succeed the deceased person