Autocompositive methods in succession law

analysis of statistical data in the county of Canoinhas in the period of 2015 to 2020

Authors

DOI:

https://doi.org/10.24302/acaddir.v4.3892

Keywords:

Inventory, Sharing, Autocompositional Methods

Abstract

The present paper aimed study the factors that cause succession delays actions causa mortis and the contribution of the mediation method to the conflicts solution arising from hereditary succession in the District of Canoinhas from 2015 to 2020. Succession law and the probate and sharing of assets procedures. Next, the legal culture of dealing with conflicts in Brazil were analyzed. Afterwards, the self-composition methods of conflict resolution and their legislative evolution were studied. Statistical data from the 1st Civil Court of the District of Canoinhas was used, with information on cases received, suspended, filed and sentenced, culminating in an adequate perspective on the length of the studied procedures. The methodology used was the deductive method, with observation, comparison and relationship between statistical data, through qualitative and quantitative analysis, with bibliographic and legislative research. As a possible conclusion, it is understood that the reasons for the slowness of the processes of inventory and sharing of goods are cumulative, corresponding to mediation as an adequate tool to restore the speed and reasonable duration of the process.

Author Biographies

Leticia Schveitzer , Contestado of University

Graduate of University of  Contestado. Campus Marcílio Dias. Canoinhas. Santa Catarina. Brasil.

Cilmara Corrêa de Lima Fante, Universidade do Contestado (UNC)

Master in Regional Development by the University of the Contestado (2016). He holds a degree in Law from the Law School of São Carlos (2001). Specialist in Civil Procedural Law from the Pontifical Catholic University of São Paulo (2014). Conciliator / Mediator - São Paulo State Court, Lawyer - São Paulo Bar Association and Santa Catarina Lawyer's Office and owner partner - Lima Fante Advocacia. She has worked as a lawyer in the Public Defender's Office of the State of São Paulo. Currently, she is a lecturer in the law course at the University of Contestado (UnC) in Canoinhas - SC. He has experience in the area of Law, with emphasis on Civil Law, Civil Procedural Law and Business Law.

Published

2022-02-24

How to Cite

Schveitzer , L., & Fante, C. C. de L. (2022). Autocompositive methods in succession law: analysis of statistical data in the county of Canoinhas in the period of 2015 to 2020. Academia De Direito, 4, 283–306. https://doi.org/10.24302/acaddir.v4.3892

Issue

Section

Artigos