A nova ordem de vocação hereditária

Abstract

The present work shall focus on book V of the special part of the Civil Code that is dedicated to the Successions Law, regarding the New Hereditary Vocation Order that includes the spouse as necessary heir. The New Civil Code trying to in an effective form attend the fairer longing of the Brazilian society, has changed the position of the spouse in the hereditary vocation, passing to the condition of necessary heir, competing in the same level with the descendants and ascendants. Such change ended with the so-called blood right. The spouse was protected, receiving a more benefic hereditary condition. It has been shown that the conjugal relationship, where prevails the affection and privacy between husband and wife, is not lower than the consanguinity relationship. The inclusion of the spouse among the necessary heirs shows the intention of the legislator in giving prestige to and encouraging the marriage. Our aim is making an analysis on the consequences of this change in the patrimonial right of the family, with the inclusion of the spouse as necessary heir. Aiming to reach our purpose, we shall try to show the historical roots of the legal succession; give an insight on the succession right in Brazil; emphasize the Order of the hereditary vocation in face of the current and previous law, as well as the comparative law, without failing to analyze the institutes, not less important, of collation, disinheritance and indignity