A sucessão dos padres: uma análise do Código Civil de 2002 e do Código de Direito Canônico de 1983

Abstract

The priest’s inheritance is an theme not yet explored in the Succession Law field. This work examined the succession of priests from the analysis of the Civil Code 2002 and the Code of Canon Law of 1983, in order to find out if theirs properties observed the legitimate succession or testamentary, as also the inheritance was destined to heirs in heredity order of the Civil Code or to Catholic Church. It sought to even check which prevails codes: the Civil or Canonic. It was found differences between priests: there are diocesans and religious. The second one belong to an institute, this is, a congregation and religious order, and its succession is testamentary, as determines Canonic Code, and one should observe, however, the rules of the Civil Code for the validity of the testament. Already the diocesan, also called clerics, belong to a diocese, and their succession can be both legitimate as well as testamentary provided for in the Civil Code, once Code of Canonic Code no discipline regarding the inheritance of the latter. It was found, also in relation to the clerics, the Catholic Church does not inherit your assets when die, except by testament or by donation from the heirs. At end, we propose a different legitimate succession to diocesan, in order to include the Catholic Church as heir in competition with the descendants, ascendants and collaterals of the deceased.