Law of succession and the the new brazilian Code of Civil Procedure: considerations about the comings and goings collatin

Abstract

The present article deals with the institute of the collation, seeking to provide answers to the discussion on what value of the good should be considered for the collation, whether the date of the liberality or the moment of the opening of the succession. For this, an investigation will be made on the institute, bringing its origin, concept, its foundations, objectives and its subjective reach, as well as the hypotheses of exemption of collation and the goods that should or should not be collated, besides the procedural approach. Then, in the analysis of the value of the property to be collated, the evolution of the Brazilian legislation from the Civil Code of 1916 until the advent of the New Code of Civil Procedure will be traced, in order to verify if the current system is the most compatible with the scopes of the collation, being brought, still, judged of different courts addressing the criteria of evaluation.