Questão jurídica principal
Whether the heirs of the deceased policyholder could revoke or modify the beneficiary clause of the mixed life insurance policy.
Decisão extraída
The right to revoke the beneficiary clause under Art. 77(1) LCA is strictly personal to the policyholder and does not pass to heirs, even if the insurance relationship continues after the policyholder's death.
Fundamentação extraída
The Court held that the decisive factor is the personal nature of the revocation right, not whether the insured event has already occurred. The distinction drawn below between policies where death of the policyholder is the insured event and other policies was rejected.