Judgment No. 19254 of 2024: Proof of Heirship in Intestate Succession

Judgment No. 19254 of July 12, 2024, issued by the Court of Cassation, introduces important clarifications regarding the proof of kinship required for heirship in intestate succession. Analyzing the case of S. (F. D. F.) v. Z. (C. A.), the Court had to determine which means of proof were admissible in the absence of civil status records.

The Regulatory Context

The central issue addressed by the Court is based on Article 565 of the Civil Code, which establishes that kinship with the "de cuius" is necessary to acquire the status of heir. However, proof of such kinship must be provided through civil status records, unless these are unavailable.

• Art. 565 of the Civil Code: defines heirship based on kinship.
• Art. 452 of the Civil Code: allows the use of any means of proof in case of lack of official records.

The Ruling's Headnote

INTESTATE SUCCESSION - GENERAL Heirship - Kinship - Means of Proof - Civil Status Records - Necessity - Absence, Destruction, or Loss of Relevant Registers - Use of Any Means of Proof - Admissibility. In matters of intestate succession, kinship with the "de cuius", as the title that, pursuant to Article 565 of the Civil Code, confers the status of heir, must be proven through civil status records, unless these are absent or have been destroyed or lost. In such cases, proof of the facts subject to registration - such as birth, death, or marriage - can be provided by any means, pursuant to Article 452 of the Civil Code.

This headnote highlights how, in case of destruction or loss of records, alternative means of proof can be used. This is of fundamental importance, as in many situations, especially in historical or complex family contexts, records may not be easily accessible.

Practical Implications of the Judgment

The practical implications of this judgment are significant for those dealing with succession matters. Heirs can now feel more protected, as the Court has established that proof of kinship does not necessarily have to depend solely on official documentation. This flexible approach allows for the use of various forms of evidence, which may include:

• Testimonies from individuals who knew the "de cuius".
• Private documents attesting to the kinship.
• Other means of proof that can demonstrate the family relationship.

Conclusions

In conclusion, judgment No. 19254 of 2024 represents a step forward in protecting the rights of heirs in cases of intestate succession. The possibility of using alternative means of proof in the absence of official records offers greater flexibility and protection, ensuring that family dynamics can be recognized even outside the boundaries strictly defined by formal documentation. This is particularly relevant in a constantly evolving social context, where families can take on diverse and complex forms.