Análise das restrições à realização do procedimento administrativo da partilha causa mortis no inventário extrajudicial

• Autor(a) principal: Silveira, Sabrina Nascimento da
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5873
• topic: Direito sucessório; Inventário e partilha; Escritura pública

OBJECTIVE: To analyze the restrictions on the condutct of the administrative procedure from sharing causa mortis in the out - of - court inventory. METHOD: The deductive approach method was used; as to the level, the research was exploratory; As for the procedure, data collection, the research was bibliographical, in books, doctrines, databases, scientific articles, and electronic media. RESULTS: The succession occurs after the death of someone, when, through inventory and sharing, the assets of the deceased are transferred to the heirs and other interested parties, being possible to carry out such procedures by administrative or judicial means. The administrative or notarial or extrajudicial procedure has the following requirements: the heirs involved must be of age and capable, and may be emancipated; the heirs must agree on the sharing of the assets; there can not be a will left by the deceased, unless the will is expired or revoked; the heirs must be assisted by a lawyer or public defender. On the other hand, there are restrictions: existence of an underage child (ren) of age and incapacitated; lack of agreement among the heirs; lack of the constitution of a lawyer or legal guardian; existence of a will left by the de cujus, provided that it is not expired or revoked; need of previous raising of money or sale of goods left by the de cujus; obligation to share all the assets left by the deceased, as a form of prohibition of partial sharing; goods located abroad. These are the main ones listed by law. CONCLUSION: The requirements established in Law 11.441 / 2007 for the extrajudicial procedure of inventory and asset sharing cause mortis constitute restrictions for the implementation of the institute in practice. These restrictions make the procedure a bit too selective, and there are writers who discuss the imposition of such impediments, raising ways to improve the system.