Autonomy and heteronomy in family law and inheritance law

 

"Nowadays, in family and inheritance law, it does not seem to me that there is a more important theme than this that the Faculty of Law (UP) has elected to organize its Congress - autonomy and heteronomy or, in other words, the balance between the desires of individuals and the interests of the state. There were times when it was debated whether the willingness of the nubents was sufficient to legitimize a life for two, and the responses ranged from having imposed a decisive participation of the Church, or of the State, or of several members of their families whose consent they had to request. Today, this matter matters less because, increasingly, some think that the issue is merely private and that legitimacy is no longer accurate. It was once thought that the public authorities should impose on their spouses a fixed set of rights and duties that would guarantee a harmonious life for themselves and for the whole of society. Today, it is understood that no one better than both stakeholders will define how they should and can contribute to the joint project. (...)"
 
Guilherme de Oliveira
(in "Apresentação",  Autonomy and heteronomy in family law and inheritance law, Coimbra, Almedina, 2016)