O direito de sucessão no casamento putativo.

Abstract

The family is the foundation of the whole society and, along the History, suffered constants transformations that changed the concept and understanding of the word family in many different societies and legal systems. Although today the Brazilian law allows various forms of family, as the stable union and the single-parent family, the marriage remains being the primary way to start a family. The celebration of marriage is actually one of the institutes of Civil law that requires greater solemnity, requiring the grooms to demonstrate a series of requirements to become able to matrimonial link , also existing, as an example, impediment of marriage between brothers, featuring incest, and people already married, featuring the bigamy in this. When people violate these matrimonial impediments capable to annul it, but at least one of the consorts is in good faith this marriage will be titled by the putative marriage. The putative marriage is a fiction of law and its creation was necessary precisely thanks to great difficulty in filling all of its formal requirements, and can't the law punishes so mercilessly who acted innocently. In this work was discussed in detail the rights that the good faith spouse has in a putative marriage in succession of his deceased consort, especially in cases where exists. Using the deductive method as this study sought to define the importance of family within society through its various forms and then score the putative cases of marriage and its consequences for the participants in this relationship in accordance with the laws homeland.