MEDEIROS, V. B.; http://lattes.cnpq.br/5470634403194631; MEDEIROS, Vinícius de Brito.
Abstract:
The succession of diocesan priests is a topic that is still little explored within the scope
of inheritance law. This work analyzed the effectiveness of applying succession law in
the case of children of diocesan priests, in order to determine whether the priest's
assets were being assured to his descendants or whether they would be destined for
the Catholic Church, as well as examining which coding would be applied in these
cases, namely, the Civil Code of 2002 or the Code of Canon Law of 1983. In the first
chapter, the concepts and distinctions between priests were presented: diocesan and
religious. Those, also called clerics, are part of a diocese, and their succession must
follow the provisions of the Civil Code, as Canon Law has not regulated the issue
involving inheritance. of them, so both legitimate succession and testamentary
succession can be applied. Religious people, who in most cases are part of a
congregation or religious order, must observe testamentary succession, as stipulated
in the Code of Canon Law. Furthermore, in the second chapter, the fundamental
principles governing inheritance law were presented, which served as to guide the
main aspects regarding the transmission of an individual’s assets. Therefore, in the
third chapter, we also sought to verify the Vatican's position regarding the rights of
minors and vulnerable people, including the children of priests who are, in most cases,
anonymous. Finally, the specific nuances that involve the succession of the priests'
assets, affecting their offspring. To analyze the specific case within the priestly group,
the research used the comparative method, using bibliographic and documentary
research techniques as the main data collection and analysis tools. At the end of the
work, the hypothesis was denied, since the children of diocesan priests have their right
Inheritance is assured in accordance with the provisions set out in the national legal
system, with only proof of parentage remaining.