Comoriência na sucessão hereditária

Abstract

This monograph discusses about the hereditary succession by simultaneous death in Brazil, analyzing it historically and giving special attention to controversial cases. The attribution of the non-transferability of inheritance to simultaneous death generates, in some cases, obvious inequities. In this manner, it was needful to revaluate it critically and present a more rational interpretation, by using elements of classical hermeneutics, as the literal method, systematic and teleological. In this sense, there was coping with issues related to the beginning and end of civil personality, time of death and logic of the law of succession by death. The method used is descriptive and analytical, which is based on references of renowned authors and the use of jurisprudence to substantiate the statements and inferences necessary throughout the work. It was concluded that, in some hypotesis, the current solution applied to simultaneous death, built by the doctrine and jurisprudence, is an affront to the principle of justice. Thus, we propose a new interpretation for the institute in question.