EXTRAJUDICIARY STANCE OF MULTIPARENTALITY AND ITS REPERCUSSIONS ON THE SUCCESSORY RIGHTS OF ASCENDANTS

Abstract

Current paper identifies, from the point of view of law, doctrine and jurisprudence, the acknowledgement of the multi-parent family and analyzes the development of effects within successory rights. As a sociological phenomenon, the family is subject to the dynamics that emerge from the relationships based on conviviality among individuals. However, the family currently presents itself under new formats and affects other related dimensions, such as property. Multi-parentality is a progress within family rights and shows the essentiality of the affective bond as a guarantee of the dignity of the human person within the family milieu. However, there is a deficiency in Brazilian law with regard to the prevision and solution of juridical effects derived from multi-parentality. The civil lawmaker failed to regulate the transference of property to multi-parent ascendants, coupled to the surviving spouse, and the succession of multi-parent ascendants within the pure mode.