O direito sucessório sobre os bens anteriores ao casamento celebrado sob o regime da separação obrigatória de bens

Abstract

This article aims to conduct a study about the inheritance right about surviving spouse the assets prior to the marriage celebrated before the mandatory separation regime, which is regimented by the Brazilian Civil Code (2002), exploring each of the existing inheritance hypotheses in relation to the legal protection of assets for the heirs. The research will address the main legal aspects of the concept of the marriage regime, mandatory separation, the provisions of inheritance law in relation to the surviving spouse, the support of legal institutes in view of the transformations of society. The research will show the conceptualization and doctrinal classification of the theme, taking into account the outlined core, the reflections and impacts caused, the diferences between the regimes, emphasizing the competition or not of the survivor to the heirs, evidencing the incompatibility of the institutes, for the assets acquired prior to the marriage. The research is based on doctrinal lessons, articles and scientific journals, along with civil and procedural legislation, describing in a legal manner the characteristics and relevant issues along with legal and jurisprudential innovations.