(Image: Art Crumps) I – Unnecessary and Disadvantaged Successful Competition of the Spouse or Partner of the President of the Union through Separation of Property The Civil Code, article 1829, gave the spouse a succession contest. As a result, all those married under the rule of partial communion, as well as unions under the division … Read more
Both marriage and stable unions allow the spouse or spouse to add the parent’s or surnames of others. In the case of a marriage, the provisions of paragraph 1 of Article 1,565 of the Civil Code apply directly. This addition is usually asserted in the housing process, but it can also occur after marriage. The … Read more
The surviving spouse, partly married under the rule of community property, competes with the descendants in the inheritance of the deceased only in respect of the remaining private property. With this understanding, the Division 2 of the Superior Court of Justice has analyzed the appeal of the interpretation of the final part of Article 1,829 … Read more
Due to the need for oversight, management, when the former spouse has previously waived the maintenance amount in a legal separation, the latter has proven financial dependence, deferred maintenance or demand for future maintenance. In this sense, the Superior Court of Justice’s precedent 336 carries its most precise jurisdiction: “A woman who has left alimony … Read more
In the case of life insurance, there is a difference that goes beyond unconstitutionality in law. When a holder dies without notifying the beneficiary in the policy, the legislator selects his or her spouse as a legally uninsured beneficiary. Gives you half of the insurance amount. The rest, to the heirs of the insured, obeyed … Read more
The idea and concept of “essential heirs” is directly related to the idea of protecting anyone who is deemed weak. Article 1845 of the 2002 Civil Code repeats the content of the 1916 Civil Code, which is from the original codification system, which reached us: descendants, ascents and spouses are essential heirs. This means that … Read more
Law No. 9,263 / 1996, described in the context of regulation of Article 226, §7 of the Federal Constitution, Family Planning, its Instruments, Forms of Access to the Plan and, Criminal Penalties for Violations. According to Elijah Chaves, senior adviser to the UN Population Fund, family planning is not only considered a human right by … Read more
One of the biggest novelties of the 2002 Civil Code is the change in the treatment of spouse’s genetic law. However, despite the good intentions of the legislators, the wording of Article 1,829 of the Civil Code is very objective and confusing and doubts about it often arise. First, it is necessary to clarify that … Read more
Taking advantage of my last two days at the beach, I decided to analyze the complex article in the Civil Code from a different perspective. Article 1829 reads: “Legal succession is granted in the following order: (See Exceptional Appeal No. 646.721) (See Exceptional Appeal No. 878.694). Item I – For the descendant, in competition with … Read more
