MEDEIROS, J. D. L.; http://lattes.cnpq.br/1299238044289979; MEDEIROS, Julianna Dantas de Lucena.
Resumen:
Adoption is an institute that aims to put a third stranger into a family, giving the
condition of son/daughter to the adopted. In turn, the substitution trustee is the
institution that ensures the tester the possibility to test in favor of persons who are
not conceived yet at the time of the opening of the succession, called potential
progeny, by “deceased” previously designated fiduciary which is the person who will
get the inheritance or legacy until her death, the implement of the condition or the
result of certain deadline, responsible for conveying the part of the inheritance which
is the subject of the institution property to the eventual offspring, called a trustee. Due
to the requirement of the non-existence of the offspring during the opening of the
succession, the possibility of this offspring, by adoption, is questioned since the
principle of legal equality of children guarantees the same rights and duties to all
children, not depending of the origin. thus, this study aims to verify the possibility of
the eventual offspring being constituted by an adopted son/daughter, analyzing the
assumptions presented by the doctrine homeland, as well evaluating the
characteristics and requirements of both the institution of adoption as the
replacement trustee, observing if it is able to cover that, in order to see the treatment
given by the doctrine, jurisprudence and legislation on the topic by the homelands,
which is: the scope of effects of inheritance of the replacement trustee by the
offspring in case of adoption. Therefore, the deductive method as a method of
approach, the historical-evolutionary as a method of procedure, and the indirect
documentation, by literature, as a research technique, are used. By this, it appears
that any offspring arising from adoption can configure as the replacement trustee,
because of the principle of equality of the children, since the testator has not
expressly forbidden her to do so, since that ultimate desire must be considered,
because of the principle of private autonomy and being the testament, a transaction
unilaterally.