Cessão onerosa do direito hereditário como forma de financiamento do inventário por terceiros

Resumo

The object of this work is the analysis of the third-party funding arrangement, having as scope the succession law, that is, the onerous assignment of part or the entire inheritance rights, obviously, after started the succession procedures and the division of assets in the inventory process. In this sense, considering that the succession is a process that starts automatically from the death of the deceased, the premise is that is not possible to carry out the transaction, before that through the onerous assignment of such rights. After all, a mere expectation of a right cannot be subject to this type of transaction. Taking that into account, the theoretical and constitutive foundations of third-party funding will be addressed, demonstrating its origin and international practice, its development and regulation in Brazil, without leaving aside the economic aspects of this type of transaction, also taking into consideration the Brazilian law. Moreover, the work will demonstrate that, for the best development of litigation funding, in view of the lack of specific regulation in Brazil, the parties must adopt practices consistent with ethics and national and international codes of conduct, such as the English code and administrative recommendation 18/2016, issued by Chamber of Commerce Brazil-Canada arbitration chamber - CCBC. Subsequently, it will be addressed the functioning of the succession law in Brazil, particularly regarding Judicial and Extrajudicial Inventory Processes, discussing the essential elements of the inheritance rights, the requirements, and its peculiarities, within the limits of the law. Based on all the information gathered, it will be suggested the financing on Inventory Processes, considering the advantageous prospects for the parties involved and the market opportunity. Ahead, the work it will analyze the externalities produced by such commercial transaction and how they can change the behavior of the parties, while promoting access to justice, equality of arms and encourages settlements. In the last chapter, it will be observed the business models applicable to the onerous assignment of heritable rights, in the context of the financing inventories by third parties. As a result, in the last chapter, with all this collection of information, this work will detail the possibilities, limitations, and advantages of financing inventory processes as a market to be explored by financiers in Brazil.

Ficha do documento

Tipo

Dissertação

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Não informado

Identificador

oai:repositorio.fgv.br:10438/31940

Palavras-chave

Inventory proceedingProcedural financingAccess to justiceProcesso de inventárioFinanciamento de terceirosAcesso à JustiçaDireitoFinanciamentoInventários de bensHerança e sucessão - Brasil - LegislaçãoTerceiros (Direito)