MENÊSES, J. F. F.; MENÊSES, José Felipe Figueirêdo de.
Resumo:
This research analyzes the succession of companions in the optics of the civil code.
Thus the purpose of this work is to conduct a critical review of the succession of
people living in stable Union, especially after the Constitution of 1988, which
acknowledged the stable Union as an entity family. This study aims to demonstrate
what are the requirements for the configuration of this entity family, since the law
does not require formalities for your configuration, as occurs in marriage. Will also be
discussed the principles and the general part of the succession law, and mainly, the
succession of companions, with attack legislator infraconstitucional, in the drafting of
article 1,790 of the new civil code, for having acted so retrogada, removing rights as
companions had purchased by earlier legislation and treating them differently and
unjust in relation to a spouse, as constitutionally guaranteed family entity, the
companions should have had a special attention by the legislator infraconstitucional.