Sucessão do companheiro: questões polêmicas

Abstract

Aiming at to the analysis of the problematic one, generated front to the gap left for the Brazilian legislator, when approving the current Civil Code leaving of regulating the succession of the accompanying surviving spouse, in the hypothesis to concur for the inheritance, with common children and exclusive children of the one de cujus. So that some solution was pointed, necessary if it imposed the analysis of the formation of the familiar entity, since the primordios of the humanity until the day current. Moreover, the culture of each people contributes for the construction of its legal system, thus, indispensable the study of the comparative jurisprudence to verify as the family is regulated and protected in other countries. In a similar way basic the study of the inheritance law aiming at most good and the more just adequacy to the distribution of the patrimony of that falece without testing the destination of its quantity or when the State hinders it to make it in its completeness for protecting its offspring, its descendants and even though its spouse or friend. Finally, this work is linede in the best teachings of the doctrine and the jurisprudence to try to apply to the norm the fact and the value that it are inherent. Therefore, innumerable doctrinal transcriptions are found for analyze of the question, as well as of jurisprudence and foreign rules of law