A sucessão na união estável de acordo com o novo Código Civil

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

For a long time the stable union has been studied in Brazilian law. Much has been written and said about this theme, but it remains up-to-date, since it is in constant evolution. Successory rights originating from stable union are recent as they were effectively recognized in Brazil only after enactement of Law 8.971/94. Since then, these rights have been intensely under debate because of their many controversial aspects. Our new Civil Code did not decrease polemics. On the contrary, it lit up new diverging opinions and caused some rights already acquired by those who kept a steady relationship to retrace. This work begins with short considerations about the :~ concepts of family and stable union after which it comes into the theme of succession in stable union. We sought to raise all problems related to the matter that can be found in previous laws and in our new Civil Code, in order to subsequently formulate some critics and suggestions. Some notions about stable union succession in foreign law were also presented. It was necessary to develop, yet shortly, the theme of succession for a married person in arder to stablish a parallel between his/her rights and those of individuaIs who keep a steady relationship. The same was dane as to homosexual parternership

ASSUNTO(S)

stable union family familia união estável uniao estavel (direito) direito heranca e sucessao

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