The prenupptive agreement as a tool for successful planning against of the pacta corvina

Abstract

This article supports a reflection on the possibility of the antenuptial pact as an instrument of succession planning, given the existence of the legal prohibition of succession pacts related to the inheritance of the living person. The Brazilian Civil Code enshrines the minimal state intervention in family relations, giving it patrimonial autonomy to the members of the family entity to stipulate, through antenuptial covenant, marital regimes, as their property pleases. In the succession scope, the patrimonial autonomy is housed in the possibility of renunciation of inheritance or legacy by the family member. Given these assumptions, non-state intervention questions the usefulness of prohibitive rules in antenuptial contracts for the purpose of succession planning, in order to shield the assets and avoid future disputes. In terms of the type of research from which this text results, it is a qualitative analysis, through the deductive method, with the study and comparison of doctrines, scientific articles and laws. Currently the majority doctrine and jurisprudence repeats the inheritance waiver clause considering the existence of the pacta corvina prohibition.