Inventory proceeding according to the Goa Succession, Special Notaries and Inventory Proceeding Act 2012 : still portuguese law?

• Autor(a) principal: Morais, Daniel de Bettencourt Rodrigues Silva
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10451/63246
• topic: Direito das sucessões; Partilha; Colação

The inventory proceeding with the objective of partitioning the inheritance has an enormous importance in Goa and raises numerous difficulties. The rules from the Portuguese Code of Civil Procedure of 1939, that continued to apply to this matter in this State of the Indian Union by virtue of the Goa, Daman and Diu (Administration Act 1962, were revoked by the Goa Succession, Special Notaries and Inventory Proceeding Act 2012. In this paper we analyze the new rules in a panoramic perspective. Although these rules represent a copy of almost all the revoked Portuguese rules – albeit with a new systematic organization – they still raise several problems, that have not been resolved by the Goan legislator. The new rules also raise some perplexities because they apparently disrespect of the will of the deceased and contradict substantive Succession Law rules.