União estável, separação de fato e posse: reflexos das situações fáticas na partilha de bens

Abstract

The Brazilian Civil Code brought developments in inheritance and family law in the sense of not ignoring the legal effects of an affective factual reality. However, although current jurisprudence has been favorable to factual situations, there are still some contradictory articles in the Civil Code that do not provide a clear prediction regarding factual situations. The issue of this article raises the question of what are the impacts of factual situations: stable union, de facto separation, and possession in the sharing of assets occurring in divorce and inheritance. The general objective is to analyze the impacts of factual situations: stable union, de facto separation and possession, in the sharing of assets following divorce and division of inheritance, and as a specific objective, to investigate the impacts of said factual situations in light of current jurisprudence, based on the division of assets in divorce and the division of the hereditary estate. In this way, the deductive approach method was used, considering that the discussion of the topic started from the verification of prior knowledge with exploratory and descriptive research, to reach the conclusion. Finally, it was demonstrated that the impacts of factual situations: stable union, de facto separation and possession in the legal system and court decisions, regarding the sharing of assets following divorce and inheritance, were in the direction to consider factual situations in judicial decisions, and not just the legal situation, thus eliminating the existing antinomies in the Civil Code.