Yes, there are rules that impose restrictions on or affect succession in respect of certain assets.
IN THE CIVIL CODE
Articles 1476(1)(a) and 1485 of the Civil Code (Código Civil) stipulate that usufruct and the right in rem of use and habitation are rights in rem that are extinguished by the death of their holder, by force of law.
Articles 2103-A and 2103-B of the Civil Code provide for a legal legacy: the surviving spouse has priority, at the time of partition, as regards the right to habitation of the family home and the right to use its contents, subject to certain conditions laid down in the Code.
IN THE COMPANIES CODE
Article 184 of the Companies Code (Código das Sociedades Comerciais) provides that, if a partner of an ordinary partnership dies, unless the articles of association stipulate otherwise, the remaining partners or the company must settle the respective value with the successor to whom the rights of the deceased accrue, unless they choose to dissolve the company and notify this to the successor within 90 days of the date on which they became aware of the partner’s death. Surviving partners may, however, continue the company with the successor of the deceased, provided the successor gives their express consent.
Article 225 of the Companies Code states that a private limited company agreement may establish that if a partner dies, their share may not be transferred to the deceased’s successors, and may also make the transfer subject to certain requirements.
If, owing to such an agreement, the share is not transferred to the successors of the deceased partner, the company must amortise it, acquire it or have it acquired by a partner or third party; if none of these measures is carried out within 90 days after any of the directors become aware of the partner’s death, the share will be considered transferred.
Under Articles 469 and 475 of the Companies Code, the same system applies in the event of the death of a partner of a limited partnership.
Under Article 252(4) of the Companies Code, management of a private limited company may not be subject to succession by virtue of death, even in conjunction with a share.
THE LEGAL FRAMEWORK FOR WEAPONS AND AMMUNITION
Article 37 of the legal framework on weapons and ammunition (Regime Jurídico das Armas e Munições), approved by Law No 5/2006 of 23 February 2006, provides that the acquisition by succession mortis causa of any declared weapon is only permitted by authorisation of the national director of the PSP (Polícia de Segurança Publica (police force)), which can be obtained pursuant to the aforesaid legal provision.
The updated version of the Civil Code can be consulted in Portuguese here.
The updated version of the Companies Code can be consulted in Portuguese here.
The legal framework on weapons and ammunition, approved by Law No 5/2006 of 23 February 2006, can be consulted in Portuguese here.
The answer is yes in the event of extinction due to death of the usufruct and of the right in rem of use and habitation, as well as of the rules set out in the Companies Code and in the legal framework on weapons and ammunition, referred to above.
This conclusion also derives from the provisions of Article 1(2)(h), (k) and (l) of Regulation No 650/2012.
The answer is no in the case of the legal legacy provided for in Articles 2103-A and 2103-B of the Civil Code.
However, the above answer does not prejudice different interpretations by the Courts.
In the case of the opening of a succession, there are rules in the Civil Code that confer powers of administration of the inheritance and that can ensure compliance with the special rules referred to above.
The procedures and precepts of the Civil Code are as follows:
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