Codicil: a Review of the Institute’s Functional Potential

Abstract

This work seeks a reinterpretation of the codicil under the perspective of constitutional civil law and using the logical-deductive method. In this sense, it is initially exposed through a bibliographic review the patrimonialist view that literature has always employed when dealing with the institute, from which the irrelevance of the codicil was decreed solely because it deals with the disposition of economically less expressive assets. Meanwhile, in the second part, the work aims to investigate the functional profile of the codicil through different premises, such as the existence of a Brazilian succession system, justified by the unity of the legal system, and the need for civil law norms to comply with constitutional principles. It is concluded, therefore, that the functions of the codicil are to promote the personal rights of the author of the inheritance and to guarantee the link of certain legatees with low-value assets. Otherwise, the final topics seek to apply the conclusion mentioned in front of two distinct moments - the expansive interpretation of the norms responsible for regulating the legal business studied and the encouragement of the use of codicils as a tool capable of realizing succession planning.