WAIVER OF INHERITANCE THROUGH AN ANTENUPTIAL AGREEMENT

Abstract

This production is a scientific article whose approach is the renunciation of inheritance through the prenuptial agreement. Renunciation is the unilateral legal act through which the heir declares not to accept the inheritance, divesting himself of his ownership, not handing over his share to anyone, that is, he simply ceases to be an heir, as if he had never been called to the inheritance. succession. Nuptial pact is the contract made between the bride and groom with the purpose of establishing the property regime that will be in force after the marriage between them. A prenuptial agreement is null and void if it is not made by public deed, and ineffective if it is not followed by marriage. The law establishes as a legal regime the regime of partial community of assets and, in some special cases, the regime of mandatory separation of assets. The prenuptial agreement must necessarily be made by public deed at the Notary's Office and subsequently taken to the Civil Registry Office where the marriage will take place. After the marriage, the pact must be registered at the Property Registry Office of the couple's first home to take effect before third parties and also endorsed in the registration of the couple's real estate assets. Only those who wish to marry under the regime of separation of property, universal community of property, final participation in matters or a mixed property regime need to make a prenuptial agreement before marriage. Its objective is to understand what renouncing inheritance through a prenuptial agreement is within the Brazilian legal system. The methodology used was a descriptive and exploratory literature review.