Cessão de Direitos Hereditários: O que muda com a reforma?

In today's class, we delve deeper into the study of the assignment of inheritance rights, in light of the reform of the Civil Code and the interpretation consolidated by the Superior Court of Justice (STJ). ⚖️ This topic is essential for understanding the limits of private autonomy in undivided inheritance, the difference between the validity and effectiveness of a legal transaction, and the practical implications before the division of the estate. You will learn: 📌 The scope of Article 1,793 of the Civil Code, which allows the assignment of the right to an open succession or of a share of the inheritance, provided it is done by public deed; 📌 Why the assignment of inheritance rights over a single asset is generally ineffective before the division of the estate (§§ 2 and 3), without judicial authorization; 📌 The distinction between nullity, invalidity, and conditional effectiveness of the assignment; 📌 The legal difference between assignment of inheritance rights and renunciation of inheritance (article 1,806 of the Civil Code). 📚 Applicable case law (STJ) The Superior Court of Justice established a relevant understanding in REsp 1,809,548/SP, deciding that: ✔️ the assignment of inheritance rights over a specific asset is neither null nor invalid when executed by public deed and without involving incapacitated persons; ✔️ its effectiveness is conditional upon the future allocation of the asset to the assigning heir in the partition; ✔️ even with its effectiveness suspended, the transaction enables the transfer of possession, which can be protected by third-party claims; ✔️ by analogy, STJ Precedent 84 applies, admitting possessory protection even if there is no registration. ⚖️ Practical result: the combined study of the Civil Code and jurisprudence demonstrates that the assignment of inheritance rights requires technical caution, but can produce relevant effects even before the division of assets, especially in the possessory field. 🔔 New classes on the Civil Code Reform on Mondays, and reviews on Wednesdays! @professorsecca | @dra.marianambrito YouTube: Professor Secca Facebook: Professor Secca #InheritanceLaw #AssignmentOfInheritanceRights #Inventory #Inheritance #CivilCodeReform #STJ #Jurisprudence #CivilLaw #ProfessorSecca #LegalCertainty #LawStudent #LawCandidates