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

Abstract

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