Transmissibility of alimony obligation under Brazilian law

Abstract

Article 1.700 of Civil Code explicitly states that alimony obligation is transmited to the heir sofits debtor. Nevertheless, Superior Tribunal de Justiça’s decisions are almost unanimous in denying such transmissibility, from the argument that alimony obligation has a personal nature, not compatible with its transmission. In this study, it’s up hold that transmissibility is the rule adopted by the Civil Code, and also the only position consistent to alimony obligation’s special nature, since it ensures the subsistence of those in need. More over, solutions to practical issues concerning hereditary transmission of alimony obligation are proposed, once the se matters have not been addressed by the legislator.