What Reveals the Trial Concerning Hereditary Rights of People Married under the Separation of Property Regime: Late Comments on REsp nº 992.749-MS (STJ)

Authors

  • Thaís Fernanda Tenório Sêco
  • Fellipe Guerra David Reis

Keywords:

Succession. Legality. Jurisprudence. Precedents theory.

Abstract

For five years, in Brazil, jurisprudence made believe that people married under the separation of property regime has no right to receive heritage. One only – and mistaken – precedent from the Brazilian Superior Tribunal of Justice (STJ) affected all the inferior jurisdictions, resulting in the lost of rights for dozens of widows and widowers. The work seeks to investigate the causes of this phenomenon and relate it with the actual state of civil and theory of law, so that we can build a system of effective justice.

Published

2017-07-11

How to Cite

Sêco, T. F. T., & Reis, F. G. D. (2017). What Reveals the Trial Concerning Hereditary Rights of People Married under the Separation of Property Regime: Late Comments on REsp nº 992.749-MS (STJ). Revista Brasileira De Direito Civil, 12(02), 93–122. Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/35