Made available in DSpace on 2016-04-26T20:21:22Z (GMT). No. of bitstreams: 1 Luiz Antonio Alves Torrano.pdf: 964844 bytes, checksum: 9a2ea0ad573941dd96af7c44983dec6f (MD5) Previous issue date: 2012-10-26 / In the light of the current code, other relevant laws, and notwithstanding the classical doctrine, the aim of the present work is to set the limits and consequences of the institution of the unworthiness and disinheritance, with which, far from any disregard to ancient teachings, a new approach demanded by the social vision that one must have nowadays must be given. Hence, this work is divided into chapters, in which, since the very beginning, one studies the historical aspects of the legal succession, the indignity and the disinheritance in the country‟s doctrine and the alien legal compilation, from which a new appraisal regarding the concept and the legal nature of these institutions is derived, leaving out the doctrine that foresees them as a civil sanction, or even as an inability to have them as mere absence of legitimacy to inherit or receive some legacy. Moreover, their similarities and differences, the causes that attempt the exclusion of succession as well as their effects which in some cases come from the new family law that grants marriage and homosexual affective stable unions are pointed out. Afterwards, the destination of the inheritance properties and the acts performed by those excluded are also considered in this work. In the study of the necessary exclusion, apart from discussing the active and passive legitimacy; implicit or explicit forgiveness given by the legatee to the successor is also focused on, as well as the prescription of the intention to exclude the heir or the inheritor / O presente estudo tem por principal escopo fixar, à luz do vigente CC e demais legislações pertinentes, sem olvidar a doutrina clássica, os lindes e as consequências dos institutos da indignidade e deserdação, com o que, afastada qualquer preterição aos vetustos ensinamentos, se pretende dar-lhes novo contorno, tal como exigido pela visão social que acerca deles hoje se deve ter. Para tanto, este trabalho é dividido em capítulos, nos quais, desde logo, se estudam os aspectos históricos do direito sucessório, assim como a indignidade e deserdação na doutrina pátria e nos ordenamentos jurídicos alienígenas, do que deriva uma nova concepção a respeito do conceito e natureza jurídica desses institutos, abandonando-se a doutrina que os vê como sanção civil ou, mesmo, incapacidade, para tê-los como mera ausência de legitimidade para herdar ou receber legado. Ainda, apontam-se as suas semelhanças e diferenças, as causas que ensejam a exclusão da sucessão, bem como os seus efeitos, advindos, em alguns casos, do novo direito de família, que admite o casamento e a união estável homoafetivos. Após, abordam-se a destinação dos bens sucessórios e os atos praticados pelo excluído. No estudo da necessária ação de exclusão, além de discorrer sobre a sua legitimidade ativa e passiva, também se enfocam o perdão, expresso ou tácito, dado pelo hereditando ao sucessível, bem como a prescrição da pretensão de se excluir o herdeiro ou o legatário

This thesis examines the persistent widespread discrimination against widows in Uganda and Nigeria that results from mandatory observance of harmful widowhood rituals, interpersonal violence, disinheritance, and forceful deprivation of property in marriage, in violation of and contrary to the provisions of international and regional human rights conventions and domestic laws. The thesis argues that international, regional, and domestic laws have not been effective to address the violation of widows’ rights because the terms in which these laws are expressed are not meaningful at the grassroots level. The thesis proposes social, cultural, economic, and legal measures to address the use of widows as cultural tools. In this thesis, I use the term ‘cultural tools’ to refer to the use of widows in Uganda and Nigeria, as in many other sub-Saharan African countries, as embodiments of cultural identity, especially in most parts of rural areas. Widows are used as tools to perpetuate traditional cultural customs such as widowhood rituals, levirate marriages, disinheritance, and widow cleansing. Article 9 of the Universal Declaration of Human Rights (UDHR) proclaims that “all human beings are born free and equal in dignity and rights”. This provision is complemented by various international and regional instruments on discrimination and gender equality. Using the Igbo tribe of the Eastern part of Nigeria and the Baganda tribe of Uganda as case studies, my thesis examines to what extent widowhood rites amount to an infringement of the human rights of the widows in most part of the sub-Saharan African countries. The thesis examines the various international, regional, and domestic laws as they apply to or affect Nigerian and Ugandan widows either as a consequence of their status as widows or as members of the community. Thus, in light of the gap between international and state laws, on the one hand, and cultures and customary law on the other hand, this thesis draws insights from the concept of “vernacularization”. This approach combines the views espoused in Sally Engle Merry’s work and argues that to change the cultures and practices of customary law on the ground, initiatives must be taken at the grassroots level.

The subject of my theses is a special category of heirs so-called forced heirs. This theme describes their substantive position and guaranteed increased protection determined by law which is especially defined by right to share on inheritance to an extent determined by law. Will of testator is hereby limited by right of forced heir in forced share. Irrespective of most European regulations only offspring of testator are counted to the circle of forced heirs in the Czech Republic whereby the difference is between minors who are entitled to at least three quarters of share and majors who are entitled to minimum of one quarter determined by legal inheritance share. This thesis is systematically divided into seven chapters. After general historical background and general terms of inheritance law explained in the second chapter, next chapter is continued by the definition of several institutes which are mutually interlinked and also closely related to the person of forced heir. Fourth chapter is dedicated to right of forced share in which I am focusing on its calculation, offsetting and final payment. I completely describe, by means of legal jurisdiction, disinheritance and incapacity to inherit in the two following chapters. Last chapter includes two institutes which, under influence of NCC (New civil...