A sucessão nos diferentes regimes de bens no casamento e na União Estável

Abstract

The law of succession, in different matrimonial regimes and common law marriage, has received relevance, due to existing controversies in the Brazilian Judicial Organization. Compulsory and conventional separation of property are the ones that cause most objections, due to absence of a peaceful decision regarding the rights of the surviving spouse. This thesis explained the existing polemic related to heirent succession in each matrimonial and property regime, abording cases in which a spouse ceases to inherit in concurrence to the descendants, and also clarifying occurrences in which this spouse competes with the descendants. Furthermore, this thesis had as purpose to explain the appropriateness of conventional separation in the requirements of Art. 1829, I, of Civil Code, and Superior Court’s decisions. As well, it established a conceptualization of common law marriage together with the requirements for its characterization and also establishes, in a precise way, the rules of the partner’s succession.