O regime matrimonial de separação convencional de bens: implicações no direito sucessório.

Abstract

This article intends to undertake an analysis of the matrimonial regime of conventional separation of goods and factual implications in Succession Law. In this context, the focus of this study appears in the possibility or not of competition of the surviving spouse, married under the regency of the regime of agreed total separation, with descendants, embodied in content of art. 1829, I of Civil Code of 2002. To do so, it was sought to draw a series of arguments – individually developed – fundamental to the conclusion at the end exposed, approaching aspects related respectively to the Family Law, Contract Law and Succession Law. It is verified, based on a minority current of doctrine and a controversial decision coming from the Superior Court of Justice, the impossibility of competing with descendants of the author of succession, so that the surviving spouse, having married by this regime, can not occupy the position of sharecropper or heir of the deceased.