Direitos sucessórios na união estável

• Autor(a) principal: Falcione, Marcelli Paiva Sanches
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/36636
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL; Evolução; Sucessão do cônjuge; Sucessão do companheiro; Constituição Federal; Inconstitucionalidade do Art. 1.790; Evolution; Spouse's succession; Companion's succession; Federal Constitution; Unconstitutionality of the art. 1,790

The present work has as its scope the analysis of the inheritance rights of the spouse (not legally married) under the light of the Brazilian Civil Code. The analysis contemplates the definition of family, common-law marriage and also the distinction between spouse (not legally married) and partner (legally married). Although the theme has advanced a lot over the past few years, there are still legal gaps that allow discussions on the subject. In order to understand the beginning of the common-law marriage I had to address the historical timeline of the institution of the “family” and the emergence of relationships outside of marriage. If the Brazilian Civil Code makes distinctions between the spouse and the partner on its devices, why it treats egalitarian for succession purposes? This is an unanswered question that should have been examined when it comes to its new legal position. Nevertheless the common-law marriage is considered a family entity protected by the state, there are still doubts regarding the inheritance rights of the partners. If the legislation were clear about inheritance rights of the partners due a succession event, there would be no questioning in the judicial sphere. Also in this work I will address the analysis of article 1.790 of the Brazilian Civil Code and its unconstitutionality, based on principles