PROBLEMATICS ABOUT THE INHERITOR CONDITION OF AN ASSOCIATION IN PROCESS OF CONSTITUTION. A COMMENTARY ON THE PORTUGUESE SUPREME COURT DECISION OF 21 OCTOBER 2014

Abstract

Can an association in process of formation inherit? This one is the central question that is studied in the judgment of Portuguese Supreme Court of Justice of October 21, 2014. The testator had instituted as inheritor an association which purpose was the protection of the elders, but the death took place six months after writting the testament, not being in this moment still formally constituted the association. The STJ denies the condition of inheritor to the association in process of constitution, solution that contrasts with that of the Spanish Succession Law, which is precisely the opposite one.