MEAÇÃO: da (im)possibilidade de se cobrar pelo seu registro em caso de inventário

Abstract

The share corresponds to half of the couple's common assets, and may vary according to the regime of communication of assets chosen by them in the marriage. When talking about sharecropping, it is understood that it is property while the marriage is in force, because, in this case, it is possible to identify the widower as the owner of half of each asset that makes up the estate. The guiding question of this research involves defining what are the factual and legal grounds that support the collection of the surviving spouse's sharecropping. There is a contrary view on the part of customers regarding the collection of sharecropping, which led to the desire to research and explain the reasons for this being done on the totality of goods. The research objectives are: to understand the types of union and to analyze the share in inheritance law; analyze the collection related to the sharecropping; and highlight other types of records in which the entire estate is charged and what are the grounds for such an act. The hypothesis of the work starts from the analysis that the aforementioned charge is related to the act of specifying what will be for each one, in view of what is registered/charged, that is, it is the act of specification. The methodology used will be qualitative with a review of the available scientific literature, building a bibliographic foundation in order to draw a theoretical framework and conceptual structure for the full development of the objectives. The theoretical references used to clarify the theme are Afrânio de Carvalho, Maria Helena Diniz, Maria Berenice Dias, Flávio Tartuce, as well as national and state legislation. The focus of the study is to address what is charged in the share register.