A exclusão da meação da base de cálculo dos emolumentos no inventário, partilha, separação e divórcio, judiciais ou extrajudiciais

Abstract

In the present work will be analyzed which will be the correct basis for calculating the fee to be charged in the bookkeeping of inventory, separation and divorce, as well as the formal record of the shares, considering the existence of assets on which the falling sharecropping. That's because, in 2012, there was a change implemented by the State of Minas Gerais by Law No. 20,379, which modified the parameters for payment of the fees, given that the item XIII, XIV and XV of § 3 of Article 10 of law 15.424/04, dealing expressly with the exclusion of the value of goods involving the sharecropping. Despite the changes, there is still a lot of great divergence in doctrine as the basis for calculating the fees charged in these cases and, therefore, some Notary Notes and Registered Property charge those fees based on the total value of the inventory. From a perspective of the Civil Law, Civil Litigation and Tax Law, it is proposed to discuss the matter, as well as the correct application of specific legal norms.