DCVII Unidade 2

Summary

This lecture on Inheritance Law explores the concept of succession, distinguishing between inter vivos succession (during life) and succession caused by death. It covers classifications by title—universal (percentage-based) and singular (specific assets)—and by cause, including legitimate succession (by law) and testamentary succession (by will or codicil). Special cases such as contractual and anomalous succession are explained. The video details the order of heirs, mandatory legitimate shares, and available portions, while clarifying legal terminology, including the distinctions between heirs, legatees, authors, and testators. Practical examples illustrate inheritance distribution, ensuring a clear understanding of Brazilian inheritance rules and legal doctrines.

Takeaways

• 📜 Succession in law can be inter vivos (during life) or caused by death (mortis causa), with inheritance law focusing on the latter.
• ⚖️ The term 'de quem' is used in legal doctrine to refer to the deceased in inheritance law, derived from the Latin 'de quem successio agit'.
• 💰 Succession can be classified by title: universal title (percentage of estate) or singular title (specific asset).
• 📝 Succession can also be classified by origin: legitimate succession (by law, without a will) or testamentary succession (by will or codicil).
• 🚫 Contractual succession, where inheritance is dealt with before the person's death, is prohibited in Brazil under Article 426 of the Civil Code.
• 🌐 Anomalous or irregular succession applies in exceptional situations, such as foreign assets in Brazil, following specific constitutional rules.
• 👨‍👩‍👧 The order of hereditary vocation divides heirs into four classes: 1st - descendants and spouse/partner; 2nd - ascendants and spouse/partner; 3rd - spouse/partner; 4th - collateral relatives (siblings, nephews, uncles, cousins).
• 🛡️ The legitimate share mandates that 50% of the estate must go to necessary heirs (descendants, ascendants, spouse/partner), with the remaining 50% being the available portion.
• 📊 The term 'heir' refers to a successor receiving a percentage (universal title), while 'legatee' refers to a successor receiving a specific asset (singular title).
• 🧾 Nomenclature distinctions: 'Author' for the deceased in legitimate succession, 'Testator' for the deceased in testamentary succession, and 'Successor' as the general term for all recipients of inheritance.

Q & A

What is the legal definition of succession?

Succession is the transfer of rights or assets after someone, and in the legal context, it can arise either during life (inter vivos) or after death (succession caused by death).

What is the difference between inter vivos succession and succession caused by death?

Inter vivos succession occurs during a person's lifetime, such as through a contract or sale, while succession caused by death arises from the death of a natural person and is the main focus of inheritance law.

What does the Latin phrase 'de quem sucessor agitur' mean, and how is it used?

It means 'whose succession is in question.' The shortened term 'de quem' is commonly used in doctrine and jurisprudence to refer to the deceased.

How is succession classified by title?

Succession can be by universal title, where heirs receive a percentage of the estate, or by singular title, where heirs receive a specific asset or right.

What is the difference between legitimate and testamentary succession?

Legitimate succession arises when there is no will or assets not included in a will and is governed by law, whereas testamentary succession arises from a will or codicil and can distribute assets by percentage or specific asset.

What is a contractual (pact) succession and is it allowed?

Contractual succession is an agreement regarding inheritance before death. It is prohibited in Brazil and considered null and void according to Article 426 of the Civil Code.

How is the order of hereditary succession structured in Brazil?

Heirs are divided into four classes: first class—descendants + spouse/partner; second class—ascendants + spouse/partner; third class—spouse/partner alone; fourth class—collateral relatives such as siblings, nephews, uncles, and cousins. Each class inherits only if there are no heirs in the previous class.

What is the legitimate share and who are the necessary heirs?

The legitimate share is 50% of the inheritance that must go to necessary heirs, which include descendants, ascendants, and spouse/partner. The other 50% is the available part, which the deceased can leave to anyone.

What is the difference between an heir and a legatee?

An heir receives a percentage of the estate (universal title) and is associated with legitimate succession, while a legatee receives a specific asset (singular title) and is part of testamentary succession.

Can testamentary succession be by both universal and singular title?

Yes, a testamentary will can distribute assets either as percentages (universal title) or as specific assets (singular title), or a combination of both.

What terminology does the Civil Code use for the deceased in different types of succession?

In legitimate succession, the deceased is called the 'author,' while in testamentary succession, the deceased is referred to as the 'testator.'

How are assets not included in a will treated under inheritance law?

Assets not included in a will are subject to legitimate succession rules, meaning they are divided according to the law among the necessary heirs.