RECOGNITION OF STABLE MARRIAGE POST MORTEM: LEGAL PERSPECTIVES AND PRACTICAL CHALLENGES

Abstract

The recognition of post-mortem stable unions is a relevant topic within the scope of Family Law, especially due to its direct relationship with inheritance and property rights. This article explores the legal restrictions and practical challenges associated with the process of proving this relationship after the death of one of the parties. Furthermore, it presents reflections on Brazilian legal issues and legal gaps that hinder the uniformity of judicial decisions. The main restrictions faced in these cases are proven, such as the lack of formal documentation, contestation by specific third parties and the subjectivity of testimonial evidence. It also explores how supervision has dealt with these demands, observing regional variations and legal gaps that impact judicial decisions. Finally, the need for legislative improvement is discussed to ensure greater legal certainty and protection of the rights of those involved, promoting a balance between the preservation of the heirs' assets and the recognition of the dignity of the surviving partner.