Couples can not be the life insurance policy of a married man.

Life insurance can not be established by the spouses – who are not legally separated or in fact – for the benefit of the partner in an extramarital affair (stepmother) due to the legal prohibition stated in Article 550 And 793 of the Civil Code. .

For Minister Isabel Gallotti, Brazilian law protects lonelinessReproduction

With this understanding, the Fourth Council of the Supreme Court of Justice has allowed parts of the Special Appeal to reform the decision of the Rio de Janeiro (TJ-RJ) Court of Justice, which limits the payment of life insurance premiums. Life to those with names. Beneficiary (late wife) by the deceased guarantor.

According to the lawsuit, the guarantor, who did not dissolve his marriage, had been living with his stepmother since the 1970s, publicly and continuously, while maintaining a relationship with his wife. Knowing that his partner would be leaving his inheritance, he set up the life insurance that he had designated him as the beneficiary (75%) along with the children he had with him (25%) – as indicated. As the second beneficiary to receive total compensation if the mother is unable to receive her share.

In a special appeal presented to the STJ, the widow claimed that it would be illegal to identify the clerk as the insured, which is why she asked for a review of the TJ-RJ decision, so the balance was 75%. The amount deposited by the deceased will be determined to her, not to anyone else.

Reporter Isabel Gallotti explained that the strategy developed by the STJ was based on the 1916 Civil Code and was later enshrined in Article 793 of the CC / 2002, prohibiting stepmothers from becoming beneficiaries. Life insurance created by married men and not separated.

The magistrate also highlighted the Federal Supreme Court’s recent understanding in RE 1,045,273 on the impossibility of recognizing a new marriage when the existing marriage or stable union of cohabitants, except Article 1,723, paragraph 1 of the Civil Code. Code including for pension purposes.

According to Gallotti, the STF guidelines consider that individual ideals exist within the order of the Constitution for the recognition of stable marriages and unions, which include the mutual commitment of spouses as an obligation (Article 1566 I of Civil Code).

In her decision, the Minister emphasized that due to the appointment of concubines in the wrong policy, compensation must be paid in accordance with the replacement indication made by the deceased in the event that the first beneficiary is unable to obtain, ie For first-time beneficiaries. Children with both.

“Only in the absence of a second beneficiary shall the rules of Article 792 of the Civil Code apply in accordance with” In the absence of an indication of the person or beneficiary, or if for any reason the beneficiary does not “The insurance capital will be paid half to the spouse who is not legally separated and the rest to the heirs of the insurer in accordance with the order of the hereditary profession.”

With the appeal given by the co-worker, the first beneficiary (step-wife) is disqualified and the payment of the sum insured is paid to the second beneficiary (son) as specified by the insurer. By receiving information from the press office of the Supreme Court.

REsp 1,391,954

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