O Afastamento da Comoriência e a Aplicação do Princípio da Solidariedade Familiar

Abstract

The study seeks to analyze and problematize the institute of complacency (art. 8 of the Civil Code 2012) and the principle of family solidarity implicit in Article 229 of the Federal Constitution of 1988, correlating them. The death event is a precipive fact for the incidence of the Succession Right that has in the designation of the heir(s) aspect that permeates important discussions. Complacency is related to situations in which two or more people with succession ties die, assuming the determination of the time of death a primordial factor to define the order of hereditary vocation. Depending on the specific case, the calls to succeed can change drastically in such a way that a relative by affinity can inherit at the expense of a conblood relative; or even a necessary heir. This article, based on a bibliographic analysis and the hypothetical-deductive scientific method seeks to make clear the importance of the principle of family solidarity; highlight the differences between comorience and premorience (pre-death of one person in relation to another); to bring positions adopted by some countries regarding the questioning that permeates the study; relate family law with the succession; finally, it induces about succession planning as a recommended path for solving part of the problem presented.