Análise jurídica do direito de renunciar à herança no regime de comunhão parcial de bens.

Abstract

The Inheritance, succession's object causa mortis, not only comprehend the material and tangible, but the set of rights and obligations which are transmitted immediately to the heirs of the deceased or testamentary under the principle of saisine. The right of inheritance is considered, for legal purposes, such as a property and, therefore, the law stipulates that only spouses may alienate or burden real record of the property with the consent of the other spouse, except if they are married in scheme of absolute separation. Indeed, the renunciation of inheritance is considered a sort of alienation of property. This study aims to examine the reasons why it considers it unnecessary to grant the waiver of marital inheritance by a spouse married under the system of partial property. In this vein, it will address the rules concerning the regime of partial community property and the resignation of the estate, but also will make a critical analysis of some Brazilian Civil Code provisions, giving emphasis to the misconceptions left by legislature, and the effects brought to spouses who wish to renounce the inheritance, drawing on the legal-exegetical methods and bibliography. Thus, analyzing the main themes of family law and inheritance, it has been problematic as the question: is just a spouse married under the system of partial property, having to ask the other consort consent to renounce an inheritance transmitted, for example, by their parent? According to the study hypothesis is that the waiver of inheritance, even being considered a sale of property, it is unnecessary to the concurrence of the other spouse, since the system of partial communion, the assets comprising the estate does not communicate to each other spouse, and is, therefore, entirely unrelated to succession. Therefore, it is noticed that there are differences and suppression of individual rights in certain provisions of civil legislation, which makes the subject in need of further study.