Eu também tenho direito à herança do meu pai: filhos da inseminação post mortem
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Date
2020-06
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Universidade Católica do Salvador
Abstract
In order to investigate the existing normative gap with regard to the succession rights of the embryo
conceived post mortem, through exploratory and descriptive research, this article will be based on
the care of normative letters, envisioned in secondary sources, such as articles, books and manuals,
in order to compare the Constitutional text of Articles 1,597 of the Civil Code of 2002 , which implies
the presence of parentage and the recognition of paternity, even if the homologous artificial
procedure is carried out post mortem, and Article 1,784, also of the Civil Code of 2002, which
designates as a legitimate part of the succession the living persons or, at least, already conceived
at the time of opening of the succession proceedings, excluding those that may still be conceived
after the death of the author of the inheritance. Therefore, we seek to analyze how the homologous
postmortem insemination has repercussions on family and succession law, as well as the legal and
psychic consequences to the child from posthumous fertilization.
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Keywords
Inseminação homóloga post mortem, Sucessão, Princípios constitucionais, Filiação, Reconhecimento de paternidade, Homologist post mortem, Insemination, Succession, Constitutional principles, Membership, Recognition of paternity