O uso do pacto antenupcial como instrumento de planejamento sucessório

Abstract

This article supports a reflection on REsp 992,749/MS that triggered the possibility of the antenupal pact to serve as an instrument for succession planning. Under family law, through the antenupal pact, it is possible that the nubentes establish the regime of assets of the conventional separation of assets autonomously and freely, but in the succession context, by the sealing of the pacta corvina the patrimonial autonomy is questioned as to the use of the prohibitive rules in the antenupal contracts for the purpose of succession planning, in order to avoid competition of the surviving spouse with the descendants and ascendants of the deceased. Under the methodological aspect, the deductive method is used, with theoretical and qualitative research, through the use of diversified bibliographic materials, such as books, theses, journal articles, dissertations, journalistic sites, doctrinal analysis and jurisprudential homeland on the subject, with the objective of defending the REsp 992.749/MS that brought the possibility of using the antenupal pact also in the succession right as to patrimonial disposition of assets. Thus, it was possible to expand the possibility of interpretation conferred on the judge, as well as to stimulate the legal academic environment to possible advances in this area, being possible to believe that in the future will follow other international legal systems that increasingly prioritize the autonomy of the will within the family entity