The realization of the right of succession for an incapacitated minor in the form of an extrajudicial inventory

Abstract

This scientific article deals with the functionality of Succession Law being carried out through extrajudicial Inventory and its possibility of realization when it involves a minor incapable before the Brazilian legal systems. We analyzed the reasons that safeguard the effectiveness and security of the judicial means to these heirs, having to use a more complex and arduous way to comply with successions, following the predestination provided for in the Civil Code. In this way it was sought to demonstrate through this, that the Right of Succession to the incapable minor, tends to be valid and effective in the extrajudicial branch, enabling its use in an effective, efficient and safe way, ensuring the dignified protection of the incapable minor, along with their irrevocable rights, which has its due focus on the judicial environment. And in the extrajudicial form, these guarantees highlighted by this above, have already obtained their due return, having been recognized their possibility in different cases, being these able to evidence such a matter, coming to have its effective use in the current order. The methodology used was qualitative, with the observation of the inductive method, using legal and doctrinal diplomas for its due research. In this sense, we tried to demonstrate the possibility of carrying out the due Law defended to these specific cases, in the extrajudicial form, creating a timely and practical way of access to a resource so necessary in our order, it is concluded, therefore, that it is relevant to think about the possibility of realization of the Succession Law of an incapable minor in the form of Extrajudicial Inventory.