HERDEIRO APARENTE:CONCEITO, EFEITOS E RESPONSABILIDADE CIVIL

The heir presumptive emerges as a distinguished figure in inheritance law, inspiring heated academic and court debates by revealing the many complexities in the field of civil liability, with a variety of outcomes according to the intention behind the actions taken in the context of the heritage. In this regard, factual circumstances assume prominence in assessing the intentions of both the alienor and third-party acquirers of the deceased’s estate. Under the theory of apparent authority, their legitimacy is called into question, and their actions are evaluated considering the criteria of good faith or bad faith, while acknowledging the consequential effects of such actions. The study navigates through the theoretical foundations of the presumptive heir, elucidating its specificities and delving into the concepts and resultant effects. Employing a theoretical and deductive approach, alongside qualitative, basic, explanatory, and bibliographical methods, the research proposes a comprehensive review of the subject matter, including through the lens of comparative law.