TCC de Graduação e Especialização
URI Permanente desta comunidade
Navegar
Navegando TCC de Graduação e Especialização por Autor "Abel, Flávia Porto"
Agora exibindo 1 - 1 de 1
Resultados por página
Opções de Ordenação
Monografia Acesso fechado Fideicomisso como proteção ao direito à herança do concepturo(2018) Abel, Flávia PortoThe purpose of this monographic work is to identify the legal situation of concepturo before the inheritance law. The nature of the research on the level was exploratory. Regarding the method of approach, the research is classified as qualitative, once it analyzes, doctrinal understandings linked to the proposed theme, starting from the general scope to the specific one. Regarding the data collection procedure, the research was carried out using the bibliographic method. Initially, it is sought to deal with inheritance law in the Brazilian legal system, as well as its evolution from Roman times to the present day. In the same chapter, there is also an approach to succession in general, from its opening, to the classification of heirs and the presentation of succession species. Next, we try to make a brief approach regarding the hereditary substitutions, from where the Trust emerges. In the third chapter an extensive research is done concerning the trust institute, presenting its history that as well as the succession law, the Trust is also of Roman origin and has existed for more than two millennia. Nevertheless, it was exposed to its conceptualization, the requirements and characteristics for its effectiveness, as well as the rights and duties of its figures, and the causes of expiration and nullity. Finally, the concept of concepturo is analyzed and the rights of the adoptive child are presented in equality with the consanguineous children, both being considered as possible offspring. In view of the study carried out, it was noticed that the legal situation of concepturo in inheritance law is supported by the Trust, through a will, since it is the only and best institute that ensures the rights of concepturo in the Civil Code of 2002.