THE ADVENT OF THE NEW HEIR ON SHARING IN CONTRACTUAL LIFE: LEGAL PATH FOR ADEQUACY OF THE LEGITIMATE

Abstract

The objective of this work is to understand the way to ensure the constitutional right to inheritance for the heir who did not participate in the act of partition during life in the contractual modality, a fact that confers disproportionality to the legitimate share among heirs. Considering studies on the autonomy of the institute of partition during life in relation to contractual donation and partition at death, collation in the inventory process is not viable for verifying equal partition of assets already transmitted to other heirs. Therefore, the means of challenging the act must be supported by other means of proof. In this case, the appropriate means is the proposal of an opposing act to the partition against the common heirs, based on the notarial registration that gives validity to the partition.