Sucessão de bens de estrangeiros situados no País

Por
Daniel Silva
-
167
779

Art. 5º, XXXI, Constituição Federal:

XXXI – a sucessão de bens de estrangeiros situados no País será regulada pela lei brasileira em benefício do cônjuge ou dos filhos brasileiros, sempre que não lhes seja mais favorável a lei pessoal do “de cujus”;

FGV (2023):

QUESTÃO CERTA: Johan, de nacionalidade austríaca, faleceu e deixou duas herdeiras, Joana e Marya, suas filhas, tendo a primeira delas dupla nacionalidade, a brasileira e a austríaca, e a segunda, nacionalidade austríaca. Embora tenha falecido na Áustria, Johan deixou bens no território brasileiro. Em razão desse quadro, Joana procurou um advogado e o questionou a respeito da lei que deveria reger a sucessão dos bens situados no Brasil, considerando a sua situação pessoal e a do seu falecido pai. O advogado respondeu, corretamente, que: a sucessão será regida pela lei brasileira, caso a lei austríaca não seja mais favorável a Joana;

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Daniel Silva
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