Fundamentos do direito das sucessões em outros sistemas e no Brasil
Foundations of succession law in other systems and in Brazil

Summary/Abstract: This article seeks to analyse the foundations of Succession Law, taking Portugal, Italy, Peru, Chile and Brazil as parameters, in order to lead to the subsequent analysis of whether or not to keep the “legítima” –quota of the necessary heirs–, in the national reality. For this purpose, some rules of analysis were studied in these countries, taken as fundamental marks, all of them with plausible justifications concerning the protection of the reserve. The goal is to This article seeks to analyse the foundations of Succession Law, taking Portugal, Italy, Peru, Chile and Brazil as parameters, in order to lead to the subsequent analysis of whether or not to keep the “legítima” –quota of the necessary heirs–, in the national reality. For this purpose, some rules of analysis were studied in these countries, taken as fundamental marks, all of them with plausible justifications concerning the protection of the reserve. The goal is to demonstrate the variation in the reasoning about the theme, notably about the causes for the legitimate succession, and to reach conclusions that are useful to our country.

• Details
• Contents