Reflection on multiparentality in inheritance law

Authors

  • Catia Regina Ferreira Contestado of University
  • Cilmara Corrêa de Lima Fante Universidade do Contestado

DOI:

https://doi.org/10.24302/acaddir.v1.2393

Keywords:

Multiparenthood, Membership, Succession law

Abstract

This article presents a reflection on multiparenting in inheritance law, which research will be about the recognition of multiparenting, which has been progressively admitted in doctrine and jurisprudence, aiming to analyze the prevalence of socio-affective paternity. on biological law in inheritance law, in cases in which this biological paternity is only recorded in the register, thus having no participation or coexistence with the child. The research was developed on orientations of the qualitative approach, as procedure proceeded to the bibliographical research, with study and comparison of doctrines, scientific articles, laws and resolutions. Consequently, it was found that, although the recognition of both biological and socio-affective paternities is admitted, the subject still entails many divergent opinions regarding the prevalence of one over the other in the law of succession. Thus, it is noted that there are no norms related to inheritance law dealing with the existing conflicts between multiparenting.

Author Biographies

Catia Regina Ferreira, Contestado of University

Graduate student of the Law School of the University of Contestado, Canoinhas-SC campus.

Cilmara Corrêa de Lima Fante, Universidade do Contestado

Master in Regional Development by the University of the Contestado (2016). He holds a degree in Law from the Law School of São Carlos (2001). Specialist in Civil Procedural Law from the Pontifical Catholic University of São Paulo (2014). Conciliator / Mediator - São Paulo State Court, Lawyer - São Paulo Bar Association and Santa Catarina Lawyer's Office and owner partner - Lima Fante Advocacia. She has worked as a lawyer in the Public Defender's Office of the State of São Paulo. Currently, she is a lecturer in the law course at the University of Contestado (UnC) in Canoinhas - SC. He has experience in the area of Law, with emphasis on Civil Law, Civil Procedural Law and Business Law.

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Published

2019-11-20

How to Cite

Ferreira, C. R., & Fante, C. C. de L. (2019). Reflection on multiparentality in inheritance law. Academia De Direito, 1, 191–210. https://doi.org/10.24302/acaddir.v1.2393

Issue

Vol. 1 (2019)

Section

Artigos