Successors are heirs provided for by law or will, and the Brazilian Civil Code allows only one natural person as heir and one natural or legal person as heir, i.e. animals cannot inherit in a will. According to the doctor of civil law Paulo Lôbo, the constitution does not refer to succession in general and is limited to inheritance. In his article Constitutional Law to Inheritance, Saisine and Freedom to Test, he explains: „The Constitution does not define who is an heir, which refers to sub-constitutional legislation. However, this is limited to the social objective of the constitutional rule, namely the protection of persons who have close family or family ties with the debtor of the estate. All other successors enjoy strict constitutional protection, provided they do not interfere with the constitution for persons qualified as heirs. Legatees, whether natural or legal persons, companies or companies that are not personified, are successors, but they are not heirs. The constitutional legislator provided for by the Civil Code and the Code of Civil Procedure provides for a specific procedure – inventory? In order to pass these goods to the successors of the Cujus. It is worth underlining the assumption that the public sector is the ultimate successor in the inventory, but only if there are no legal or testamentary successors, also known as underlying and vacant inheritances […]. These assets are passed on to his successors at the time of his death – see inheritance section.
First of all, it should be noted that the transfer of the succession takes place through two aspects: legal succession (Art. 1.829 to 1.856 CC) and testamentary succession (Art. 1.857 to 1.990 CC). Both relate to the passive capacity to accept inheritance (Art. 1.801 CC). In addition, automatic succession occurs upon death, which results in the opening of the estate. Thus, the estate is transferred to the marian and testamentary heirs (Art. 1.784 CC). It should be noted that legal succession is determined by law, does not depend on the will of the tester. Therefore, it is the law that prescribes to whom the assets of the deceased are to be determined.
During this period, if there is no will or, in the absence of a valid will, all the property of the testator belongs to the legitimate, is intended for the necessary heirs (descendants, ascendants and spouse) and only in the absence of this reaches the option (security up to the fourth degree) invoked according to the order of hereditary vocation, that is, the closest exclude the furthest. Finally, if the above does not exist, the assets are left to the Treasury. Therefore, it is necessary that there be a conversation in the family to understand the differences in concept and their real functions. Thus, the one who really has the mastery and organization to become a successor is the ideal choice for the tradition and success of a family business. A successor is usually referred to as the heir who is entitled to the entire inheritance, or an ideal part that remains undivided until it is divided. This is the case of legal succession and also wills if it is a simple institution of heirs. The successor in a unique way is the law, by will, the right part of the property, individualized as an inheritance; Hence the name legatee. In Roman law, it was necessary to accept inheritance by successors in order for death to be legally recognized as a transfer of ownership. Currently, the transfer of the deceased`s property is automatic (right of seizure). „Not least because in our legal system there is no property without a corresponding owner” (FARIAS; ROSENVALD; BRAGA NET, 2021, p. 1,398). Later, with the individualization of property, inheritance law began to be present.
According to the teachings of Dias (2021, pp. 46), commodity succession was more focused on religion than on heritage. Therefore, it was important to have an heir to ensure the continuity of family worship. In the absence of successors, adoption is used as a means of maintaining the family. Listen aloudPausesuccessor of a natural name logo, the successor of a natural number is the number that appears to your right. Moreover, this number will always be a larger unit on the right. Thus, the successor is an n+1 number. In addition, the authors show, it is customary to find the Latin expression cujus, which comes from the expression cujus herditate agitur, which means the one of whom he is the heir. Since the term refers to heredity and not to the deceased, it does not accept variation of sex or number, as it is an immutable term (OLIVEIRA; AMORIM, 2019, p. 37). b) A singular succession occurs when the tester leaves certain individualized characteristics to someone. This is the case of the legatee, who receives his legacy governed by his will and passes only for the property intended for him.
That is, he only receives the individualized good that the tester has selected; receives estate-related assets, liabilities, expenses or liabilities. The legitimate heir, on the other hand, may also be regarded as legatee by the author of the succession, both conditions being met. In this case, the legacy and the succession have different legal natures, since they are separate inheritance instruments, so that the beneficiary can accept one and renounce the other. This is not a partial hypothesis, since these are two individualized successor titles in which the successor can accept one and do without the other. Yes, but only in certain cases, such as in case of evidence of deception, simulation, coercion, fraud, error or non-compliance with an applicable legal formality, as well as the possibility of cancellation of other legal documents. In order for heirs to receive their inheritance after the opening of the succession, two basic principles arise: In Gama`s definition (2003, p. 23), the term succession in a broad sense means „the act by which someone takes the place of another person and begins to assume the legal situation that was previously that which was no longer part of the legal relationship”. As can be seen, the term succession focuses on the idea of transfer causa mortis; The ownership of the property left by the author of the succession is replaced by his beneficiaries. This transfer takes place when the holder of the succession dies and the inheritance is transferred to those who are passively receptive, who are the legitimate heirs or testamentaries. The legitimate ones are determined by law, which does not depend on the will of the tester. Wills, if there is a will, are chosen by the testator in accordance with the legal provisions.
Inheritance law is a guarantee provided for in Article 5, item XXX, of the Federal Constitution (Brazil, 1988) and must be respected as such. Listen aloudAs we have seen, the main difference between heir and successor is: the heir has the right to inherit by blood ties, The successor may or may not have blood ties with the owner of the family business. A legatee has his share determined and deferred by will. However, only natural and specific goods are intended for a particular person. It does not pass as heir or direct legal successor of the company. (e) „Bequests” means specific property allocated to certain persons. Legatees are successors in a unique way; Therefore, they are not affected by the principle of referral. The part that can be transferred through the inheritance cannot penetrate the legitimate. When this happens, inheritance is reduced.
In addition, there may be a legitimate, necessary or testamentary heir who is also legatee. Listen aloud to the importance of the individual successor who receives the throne by inheritance or right; Heir. Person with characteristics that correspond or are similar to another. Therefore, if the debt is greater than the amount received, it is intended for the partial payment of the debt and there is nothing left of the property for the beneficiaries of the deceased, taking into account the content of Article 1.997 of the Civil Code: „The inheritance is responsible for the payment of the debts of the deceased; but after partition, only the heirs respond, each in proportion to the share that was in the inheritance” (BRASIL, 2002). Abstract: This article aims to provide a brief overview of inheritance law. Analyze the concepts of certain terms related to this right, which are often confused.