A COLAÇÃO DOS BENS E O DIREITO DOS FILHOS NASCIDOS APÓS A DOAÇÃO

Abstract

The objective of this project is to study the patrimonial equality of the necessary heirs, regardless of the the time of birth. The principle of equality of children garuntees that there can't be distinction between any of the children, regardless of the moment of birth or the origin of the kinship relationship. The principle of equality of hereditary shares ensures that all necessary heirs descending are entitled to the same share during the legitimate succession process. In this way, the present work adds a study on how the guarantee of these principles should be proceeded when donations are made in life, and after this donation there is the birth of other descendants not contemplated in the donation process. In this sense, it seeks to understand whether or not there should be a collection of donated goods. For a better result of this work, the deductive method will be used, starting with the study of the norms and understandings of scholars on the subject, as well as jurisprudence of the courts, in order to have a conclusion based on the majority understanding on the subject. The collation aims to adjust the shares in order to equalize them and avoid possible irregularities in the donations made in lives by the hereditary and exceed the legitimate part.