SUCCESSION OF SPOUSE AND PARTNER: AN EXAMPLE OF THE NEED TO UPDATE THE CIVIL CODE

Abstract

This article, completed in November 2024, investigates the legislative inconsistencies and anachronisms in the inheritance of spouses and partners, with the aim of discussing possible updates to the Civil Code. The methodology includes documentary analysis and case law review, with emphasis on new academic interpretations and decisions of higher courts. The study is current in the context of the establishment of the Senate's committee of jurists, in September 2023, with the preparation of a preliminary draft to update the Civil Code. The result of the study indicates that the current legislation presents uncertainties regarding the inheritance of spouses and partners, generating legal uncertainty. The conclusion reinforces the need for a normative review to ensure greater clarity and normative alignment with current social values, promoting greater predictability in succession situations.