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.
