Resumo

PEREZ GALLARDO, Leonardo B. Emigration and return: from the inability to succeed ex article 470 of the civil code to the "restitution" of the successory capacity, even in the adjudication phase. : Commentary on sentence no. 140 of march 8,2017 of the civil and administrative chamber of the supreme court of cuba. Rev. Bol. Der. [online]. 2018, n.25, pp.636-649. ISSN 2070-8157.

ABSTRACT: The inability to succeed ex Article 470 of the Cuban Civil Code does not apply if in the phase of hereditary adjudication, the emigrant has returned to the country, resettling in it. So that it "rehabilitates" to succeed. In this way, the treatment of this causality of disability, rectius, of exclusion to succeed, has a special nature, since the ability to succeed, in these extremes, does not necessarily coincide with the moment of death of the person.

Palavras-chave : Migration; succession due to death; inability to succeed..

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