The "FREEDOM" ARGUMENT IN THE DEBATE ON THE CONSTITUTIONALITY OF PARTNER'S SUCCESSION REGIME
NOTES ON RE 878.694/MG
Keywords:
Intestate Succession, Marriage, Civil Union, Principle of Liberty, Private AutonomyAbstract
The Federal Supreme Court recently declared unconstitutional the article 1790 of the Civil Code, which established a different rule about inheritance for people who lived in a civil union. The decision, however, was not unanimous. This paper intends to analyze the argument presented by the minority of justices, and still echoed by many scholars, that the partner's succession regime would be, in fact, constitutional, since it protected the couple's freedom to choose the legal regime that best suited them.
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Published
2017-11-08
How to Cite
Mansur de Oliveira, R. . (2017). The "FREEDOM" ARGUMENT IN THE DEBATE ON THE CONSTITUTIONALITY OF PARTNER’S SUCCESSION REGIME: NOTES ON RE 878.694/MG. Revista Da EMERJ, 19(4). Retrieved from https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/37
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