Post by messi05 on Jan 24, 2024 5:50:09 GMT
Can be protected by the CDC if they demonstrate “their technical, legal or economic vulnerability to the other party”. Modern families “The STJ did not neglect to take into account the changes in the uses and customs of society, reflecting this evolution in its judgments”, said the minister, in his talk. The main example he cited is that of equal rights between “legitimate”, adopted and extramarital children, especially for patrimonial and inheritance purposes. Previous Constitutions made a distinction between children born within marriage, outside of marriage or adopted.
But article 227, paragraph 6, of the 1988 Constitution Buy Phone Number List went on to say that “children, whether or not there is a marriage relationship, or by adoption, will have the same rights and qualifications, any discriminatory designations relating to filiation being prohibited”. According to Salomão, even with a specific law on the subject, the jurisprudence of the STJ gave effect to the constitutional mandate. In 2005, in REsp 260.079, the 4th Panel decided that “after the death of the author of the inheritance in 1989, when article 227, paragraph 6, of the Federal Constitution was already in force, prohibiting any type of discrimination between children born or not of the marriage, or those adopted, the defendant, even if adopted in 1980, has the right to compete for the assets left by the deceased, on equal terms with the other children”.
More recently, the 4th Panel decided, in REsp 1,279,624, that extramarital children have the right to appear in the succession even after the end of the inventory. The rapporteur was Minister Luis Felipe Salomão. This type of action, which is very common in our country and which brings a certain inefficiency to the Judiciary due to its volume, is less observed in countries with a consolidated economy. The point is, is there a prescription for not charging any point discussed in a review action, regardless of the result? In our opinion, no, precisely because the collection period is also interrupted after the revisional action has been filed.
But article 227, paragraph 6, of the 1988 Constitution Buy Phone Number List went on to say that “children, whether or not there is a marriage relationship, or by adoption, will have the same rights and qualifications, any discriminatory designations relating to filiation being prohibited”. According to Salomão, even with a specific law on the subject, the jurisprudence of the STJ gave effect to the constitutional mandate. In 2005, in REsp 260.079, the 4th Panel decided that “after the death of the author of the inheritance in 1989, when article 227, paragraph 6, of the Federal Constitution was already in force, prohibiting any type of discrimination between children born or not of the marriage, or those adopted, the defendant, even if adopted in 1980, has the right to compete for the assets left by the deceased, on equal terms with the other children”.
More recently, the 4th Panel decided, in REsp 1,279,624, that extramarital children have the right to appear in the succession even after the end of the inventory. The rapporteur was Minister Luis Felipe Salomão. This type of action, which is very common in our country and which brings a certain inefficiency to the Judiciary due to its volume, is less observed in countries with a consolidated economy. The point is, is there a prescription for not charging any point discussed in a review action, regardless of the result? In our opinion, no, precisely because the collection period is also interrupted after the revisional action has been filed.
