Inventário e partilha judicial e extrajudicial : uma análise teórica e jurisprudencial do procedimento e das implicações da aceitação e renúncia da herança no ordenamento jurídico brasileiro.

Abstract

This monograph aims to address the implications of acceptance and waiver in the Brazilian judicial and extrajudicial inventory procedure. Assuming that the judicial and extrajudicial inventory aims to make a survey of the assets and debts left by the de cujus aiming at sharing the remaining assets among the heirs, also covering some peculiarities such as acceptance, renunciation, the excluded, among others, to later understand the respective procedures and thus solve the problem: what are the implications of the acceptance and waiver of inheritance in the judicial and extrajudicial inventory? For this, the hypothetical deductive and technical methodology of bibliographic research is used as a construction instrument, aiming at a thorough exploration within the Brazilian legal system, based on the study of cases, jurisprudence, articles and doctrines. Formerly, the method of procedure is the critical analytic as it seeks to analyze the rite of judicial and extrajudicial inventory. The technique used will demonstrate the respective implications of acceptance and waiver within the judicial and extrajudicial inventory procedure, gradually exposing its inferences before heirs and legally interested third parties.