Judgment No. 19254 of 2024: The Proof of Quality as Heir in Legitimate Succession
The judgment no. 19254 of July 12, 2024, issued by the Court of Cassation, introduces important clarifications regarding the proof of the necessary kinship relationship for the quality of heir in legitimate succession. Analyzing the case of S. (F. D. F.) against Z. (C. A.), the Court had to determine what means of proof were admissible in the absence of civil status records.
The Normative Context
The central issue addressed by the Court is based on Article 565 of the Civil Code, which establishes that the kinship relationship with the "de cuius" is necessary to acquire the quality of heir. However, the proof of such a relationship must occur through civil status records unless these are unavailable.
- Art. 565 c.c.: defines the quality of heir based on the kinship relationship.
- Art. 452 c.c.: allows the use of any means of proof in case of lack of official records.
The Maxim of the Judgment
AB INTESTATO - IN GENERAL Quality of heir - Kinship relationship - Means of proof - Civil status records - Necessity - Lack, destruction, or loss of related registers - Usability of any means of proof - Admissibility. In the matter of legitimate succession, the kinship relationship with the "de cuius", as a title that, according to Article 565 c.c., confers the quality of heir, must be proven through civil status records, unless these are missing or have been destroyed or lost, in which case the proof of the facts subject to registration - such as birth, death, or marriage - can be given by any means, pursuant to Article 452 c.c.
This maxim highlights how, in the event of destruction or loss of records, it is possible to resort to alternative means of proof. This is of fundamental importance, as in many situations, especially in complex historical or familial contexts, the records may not be easily retrievable.
Practical Implications of the Judgment
The practical implications of this judgment are significant for those facing succession issues. Heirs may now feel more protected, as the Court has established that proof of kinship does not necessarily have to rely solely on official documentation. This flexible approach allows for the use of various forms of proof, which may include:
- Testimonies from people who knew the "de cuius".
- Private documents that attest to the kinship relationship.
- Other means of proof that can demonstrate the family relationship.
Conclusions
In conclusion, judgment no. 19254 of 2024 represents a step forward in protecting the rights of heirs in the case of legitimate succession. The possibility of using alternative means of proof in the absence of official records offers greater flexibility and protection, ensuring that family dynamics can be recognized even outside the rigid confines defined by formal documentation. This is particularly relevant in a constantly evolving social context, where families can take on diverse and complex forms.
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