O instituto da adoção e sua aplicação ao surgimento da prole eventual em caso de fideicomisso na sucessão testamentária.

Abstract

The Fideicomisso is the institute of inheritance law that is used, by means of last will, to bestow with a certain good the offspring of a person designated by the testator. In order to do so, the testator appoints a trustee to take responsibility for the property until the moment of delivery to the sole heir of the institute, that is, the trustee, which should be born up to two years after the death of the trustor, under penalty of the trustee Expire and the trust property is returned to the legitimate. The Law of Succession also provides that, if there are legitimate heirs, the testator will only dispose of half of his patrimony, this in respect to the unavailable part of the inheritance. In turn, adoption is the Family Law Institute, whose purpose is to insert a person outside the family group as a child without distinction. The problematic orbit about the acceptance or not of the adoptive child to the eventual offspring in the trust, being based on the hypotheses raised by the doctrine. Thus, the present work has the desiderio of tracing an analysis about the institutes of the trust and of the adoption, evaluating its requirements and characteristics, being verified the possibility of that includes this, in accordance with the principle of preponderance of the will of the settlor in face of the Principle of the isonomy of affiliation and all the legislation and jurisprudence in the light of the Major Charter. To do so, as a method of approach, using the deductive method and as a method of procedure, as a method of the monographic procedure and with regard to the research technique, indirect documentation is used, through bibliographic research. In this context, it is concluded that there is a need to balance the principles of the isonomy of membership and the preponderance of the will of the trustor based on the concrete case and respect for the constitutional precepts, so that the real will of the His act of last will.