SURVIVING SPOUSE’S COMPETITION WITH THE DECEASED SPOUSE’S DESCENDENTS

Authors

  • Helena de Azeredo Orselli FURB

Keywords:

Direito Sucessório. Cônjuge. Regime de Bens.

Abstract

2002 Brazil’s Civil Code has enlarged surviving spouse’s right of succession by establishing that he/she will compete with the descendents and ascendants for the inheritance. Once legal requirements are followed, he/she will be entitled to the entire inheritance when the absence of relatives in direct line with the deceased occurs. However, the legislator has conditioned the dispute between the spouse and the descendents to the regime of goods determined in their marital status. Its difficult textual composition has resulted in reading problems leading to different interpretations, most of them related to the previous legislation, thus worsening the parent’s situation with the death of the spouse. Key words: Succession Law. Spouse. Goods Status.

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How to Cite

de Azeredo Orselli, H. (2007). SURVIVING SPOUSE’S COMPETITION WITH THE DECEASED SPOUSE’S DESCENDENTS. Revista Jurídica (FURB), 11(21), 74–89. Retrieved from https://ojsrevista.furb.br/ojs/index.php/juridica/article/view/442

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Artigos