Concubinato nas relações sucessórias: a concorrência na partilha de bens

• Autor(a) principal: Meinen, Jéssica Kloos Barros
• Data de Publicação: 2020
• Outros Autores: Barros, Thaís Kloos
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1659
• topic: Concubinato adulterino; Relacionamentos paralelos; Efeitos jurídicos; Efeitos patrimoniais; Sucessão; 6.01.00.00-1

The present work addresses the theme of concubine relations and its impact on inheritance law, as well as, seeks to analyze the legal possibility of the concubine's participation in the sharing of assets and its consequences due to the absence of specific legislation. The Civil law is a science that aims to regulate individual rights, but, although in many of its titles, the will of the parties is the primary requirement and Brazil is a laic country, family law has suffered significant religious influences that shaped its rules in a way where the collectivity and what is considered morally acceptable were prioritized to the individual. In this work, only adulterous concubinage relationships will be considered, those that the Brazilian Civil Law Code in its article 1.727 defines as non-occasional relationships, whose individuals are legally prevented from contracting marriage. In this way, other forms of concubinage in succession relations and their possible consequences in marital relations will be disregarded. Whether to allow or restrict this participation by the concubine, regulation and greater clarity on the subject is necessary. Due to the doctrinal contradictions, there is an opportunity for research that seeks to clarify whether it is possible or not for the concubine to participate in succession relations.