THE LEGAL POSSIBILITY OF EXTRAJUDICIAL INVENTORY EVEN IF THERE IS AN INTEREST OF A MINOR AND INABLE CHILD

Abstract

The study involves the analysis of carrying out an inventory through extrajudicial means even with the existence of minor and/or incapacitated children. Based on the current treatment imposed by the 2015 Code of Civil Procedure, in its article 610, the inventory process will proceed in the judicial modality when there is the interest of a minor or incapacitated person. The general objective is to analyze the carrying out of extrajudicial inventory involving minors or incapacitated people in accordance with the provisions of article 610 of the CPC/2015. The methodology is based on the deductive method, using bibliographic and documentary research techniques on already available material, in addition to jurisprudential analysis of Brazilian court decisions. It was concluded that it is possible to carry out an extrajudicial inventory, even if the situation involves the interest of a minor and/or incapacitated person, considering the favorable decisions of the Brazilian Courts. Therefore, for jurisprudence, article 610 can be excluded in some specific cases.