Identity of functions or effects originating from the ability to negotiate inter vivos and mortis causa

Abstract

Based on the fact that there are at least two methods to analyse concepts of Law, one of which deals with its structures, and the other one with its functions, in the application of the latter, this article verifies a parallelism of functions that can take place inter vivos, albeit in general, thanks to contractual structures, as mortis causa, by means of legatee structures; thus, several structures can comply with it, in turn, with the same functions: the constitution of in rem rights and personal law, circulation of the dominion of corporeal things, circulation in rem rights and personal law, the extinction of in rem rights, characterization of obligations, characterization of the effects of the obligations, possibility of payment, remission, compensation and confusion inter vivos and for mortis causa.