The inclusion of the companion as the necessary heir upon the unconstitutional decision of article 1.790 of the Civil Code

Abstract

This article intends to analyze the inclusion of the partner as a necessary heir in the legal system. Its objective is to present the common-law marriage as a family entity, tracing its evolution and the inclusion of the partner in the succession law, discuss the Extraordinary Appeals that culminated in the unconstitutionality of article 1.790 of the Civil Code and, finally, verify the effects of this decision, especially whether or not the partner was included in the list of necessary heirs of article 1,845. The methodology used in this work consists of the deductive approach, using a vast bibliographic research on doctrines related to Family Law and Succession Law and also in current jurisprudence on the subject, given that it is based on the premise that the spouse is the partner must be matched for all succession purposes. Finally, it can be concluded with this study that the partner should be included in the list of necessary heirs, based on the principles of equality and dignity of the human person, however, the matter still depends on pacification by the Superior Courts.