A união estável e o direito sucessório

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The work aims at studying the Stable Union and Intestate Succession. The study analyses the stable union evolution, concerning the legislative, doctrinal and jurisprudential fields, up to the moment it was acknowledged as a family entity by the 1988 Federal Constitution and regulated by Laws n. 8.971/94 and 9.278/96, and by the Civil Code in effect since January 11, 2003. The study highlights the Companion Intestate Succession on the basis of the innovations included in article 1,790 of the Brazilian Civil Code. Such innovations brought on an unfavorable condition to the companion if compared to the spouses intestate succession regulated by article 1,829 of the civil Code. The companion intestate succession was limited to the assets acquired onerously during the stable union. According to the new rule the surviving companion is included in intestate succession of the deceased companion together with the descendants, ascendants and, even, the collateral relatives up to the fourth kindred degree, thus not being included in the successor third class anymore. We also highlight some polemical aspects related to intestate succession, such as: whether the article 1,790 of the Civil Code is constitutional or not, whether the dwelling right should or should not be maintained; as well as, the competition between mate and government, and a possible competition between the surviving separated spouse and the companion of the deceased. Finally, we mention the projects addressed to make alterations to the Civil Code and suggest some measures to minimize the present status

ASSUNTO(S)

direito sucessório direito civil intestate succession heranca e sucessao -- brasil stable union união estável uniao estavel (direito) -- brasil

ACESSO AO ARTIGO

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