A possibilidade de renúncia à herança através do pacto antenupcial

Abstract

The present work analyzes the possibility or not of renouncing the inheritance right through the Prenuptial Pact. This research is justified by the fact that, in view of the most diverse transformations in families together with minimal state interference, there is a need to establish protection for the property that will be constituted in the act of union. To this end, an initial overview of the changes that have occurred in society in parallel with the mutation of the legal system in order to follow such changes is drawn. rule the partial communion, but which can be modified through theprenuptial agreement, following, the general aspects about the inheritance were observed, when the death of one of the spouses occurs in parallel with the cases of resignation of the same, and later the treatment of this resignation in the aforementioned prenuptial agreement. The methodology used was based on a bibliographic research, in which materials from scientific journals, books in the legal field, theses and the like were read, as well as various jurisprudence of courts of law at the national level, which addressed the theme of Waiver of inheritance through the Prenuptial Pact, held from July to September 2020. The results and conclusions wereacquired throughout the work and following the legal understanding, corroborating hypotheses acquired during the research.