Petição de herança

• Ano de defesa: 2007
• Autor(a) principal: Torrano, Luiz Antônio Alves
• Orientador(a): Cahali, Francisco José
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Peticao > Brasil; Heranca e sucessao > Leis e legislacao > Brasil
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/7826

The present paper is purposed to set, in the light of the existing Civil Code, and other pertinent legislation, the limits of scope of the inheritance petition suit. Notwithstanding the revoked Civil Code being silent in this regard, it is unquestionable the relevance of this objective which, in itself, has to be updated. We must not forget that today, in addition to the petitio hereditatis being often associated with claims for paternity investigation, it may also be associated with a declaration of stable union, in which the surviving spouse had been withdrawn from the other s inheritance, declaration of annulment of a given will and its benefit to an heir so far withdrawn from the line of succession, or declaration of incapacity of inheritance to the benefit of a most remote heir. In short, there are many cases in which the inheritance petition suit is a reality. We must therefore study it. For such, in this paper, we will first address the main aspects focusing attention on the concept of inheritance petition and its objective, on the legal nature and the consequences of the classification adopted, as well as its universal and real-estate characteristics. Then we shall compare the inheritance petition suit to related claims, with emphasis on recovery action, summary proceeding for admission or exclusion of heir, annulment of partition, its nullity and rescission. Special attention will also be given to the active and passive legitimacy, as well as to rendition of judgment to the inheritance petition and its enforcement, when we shall review the 9 case in which an inventory may or may not be reopened, by discarding, in all of them, the need for an independent action to annul or to declare null and void the partition previously judged. Then the effects of judgment will be studied. We will examine the relationships between the actual heir and the apparent heir, and those between the actual heir and a contracted third party. In the last two chapters we will approach the application of prescription of claims that may be deduced from the various actions previously addressed, and the lapsing of the right there defended, including an approach to the intertemporal law. Finally we shall explain that before the topics under review we will present a study of the matter in which they are inserted