Concorrência sucessória híbrida e a reserva da quarta parte da herança do cônjuge ou convivente

Abstract

This work aims to discuss the succession competition between the surviving spouse (or cohabitant) with the common descendants and the exclusive descendants of the deceased, and the reserve of the fourth part of the inheritance. We will focus on the problem of the gap existing in the final part of article 1.832 of the Civil Code, regarding the legal omission of the right to reserve the fourth part of the spouse's or cohabitant's inheritance, when competing with the common children and the exclusive children of the deceased. In this work we will analyze the 05 (five) existing doctrinal currents which point out proposals for solutions to be applied in the specific case. In order to facilitate the understanding of the topic, we will quote a hypothetical example, in which the proposals for the solution of the 5 (five) doctrinal currents will be applied. We will list the jurisprudential understanding on the subject, which was enshrined in Statement 527 of the Federal Justice Council. Therefore, the present work will demonstrate the controversial aspects of the reservation of the fourth part of the spouse's inheritance or coexistence in the hybrid succession competition