Concorrência sucessória na união estável
AUTOR(ES)
Reinaldo Franceschini Freire
DATA DE PUBLICAÇÃO
2008
RESUMO
This dissertation, developed within the Masters Degree in Law of Pontifícia Universidade Católica de São Paulo, PUC-SP, is located in the area of Compared Law investigation. The work intended to study the subject: Succession qualification in the steady cohabitation. The background of the research is the timely reconstruction of the steady cohabitation, submitting a short history on the issue, particularly in our country; additionally, it analyzes the legislation prior to the Civil Code of 1916, the very 1916 Code, the new legislative position originated from the Federal Constitution of 1988, Laws Nos. 8.971/94 and 9.278/96, and, finally, the 2002 Civil Code. We also present the concept and the difference between marriage and cohabitation, with the characterizing elements and the personal and patrimonial effects of the factual cohabitation. The intent of the two initial chapters is to provide a context and introduce the central issue of the dissertation: the succession of the companion in the Brazilian law, making also a comparison with laws, precedents and foreign doctrines. On the other hand, we present the constitutional principles of the successions law, concepts and types of successions; discussions on the opening of the succession, as well as the capacity to succeed, including in our debate the relevance of subjects such as acceptance, waiver and assignment of the inheritance, as well as the status of the legitimate heirs and the order of the hereditary vocation. Finally, it faces the issue of the companion as regular successor, explaining the division between companions; competition of the companion with common descendants; with sole descendants of the author of the inheritance; with common descendents and with descendents only of the author of the inheritance; with other common descendents (grandchildren); the waiver of descendents of the deceased companion and the competition of the companion with other successor relatives. We also study the absence of heirs and succession relatives and the issue of the competition or not of the companion with the public power. On the other hand, we analyze the legal possibility of competition of the companion with the separated spouse and the succession in the steady cohabitation. Right to usufruct and residence of the surviving companion, object of controversies, are also subject matter of analysis. Before submitting lege ferenda proposals, the work carefully reviews Bills of Law Nos. 276/07 and 508/07 currently in course before the National Congress. It is concluded with a note of hope, expecting that the Law may, in a swift and firm rhythm, enforce the constitutional provisions of protection to all kinds of family entities, ending with the list of books consulted
ASSUNTO(S)
sucession sucessão união estável heranca e sucessao -- brasil sucession qualification concorrência sucessória steady cohabitation direito civil uniao estavel (direito) -- brasil
