Interruption of the Acquisitive Prescription of the Real Right of Inheritance by the Action to Establish Parentage: Commentary on the Supreme Court Judgment of June 5, 2023 (Case No. 11.282-2021)

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Abstract

This article comments the decision of the Supreme Court made on June 5, 2023, Case No. 11.282-2021, which recognizes that the notification of the action to establish parentage has the aptitude to interrupt the acquisitive prescription of the real right of inheritance. The relevant assumptions to understand the Court’s decision and its importance that will be analyzed are: the nature of the statute of limitations of the inheritance claim action, the objectives of the actions for claiming and inheritance and of filiation, and the concept of “judicial remedy” of article 2.503 of the Civil Code.

Keywords:

Interruption of the limitation statute, acquisitive prescription, filiation, inheritance claim action