Regime da separação legal de bens na união estável: impossibilidade de aplicação por analogia
This article seeks to investigate whether the application of Article 1,641, II, of the Brazilian Civil Code, which establishes that people who are over the age of 70 must marry under a mandatory separation of property system, shall be also applicable, by means of analogy, to de facto partnerships...
Gorde:
| Egile Nagusiak: | , |
|---|---|
| Formatua: | Artikulua |
| Hizkuntza: | Portugalera |
| Argitaratua: |
2022
|
| Gaiak: | |
| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=9007217 |
| Baliabidea: | Revista de Direito Civil Contemporâneo - RDCC: Journal of Contemporary Private Law, ISSN 2358-1433, Nº. 33, 2022, pags. 263-283 |
| Etiketak: |
Etiketa erantsi
Etiketarik gabe: Izan zaitez lehena erregistro honi etiketa jartzen
|
| Laburpena: |
This article seeks to investigate whether the application of Article 1,641, II, of the Brazilian Civil Code, which establishes that people
who are over the age of 70 must marry under a
mandatory separation of property system, shall
be also applicable, by means of analogy, to de facto partnerships. To this end the paper analyses
elements such as the legislators’ intention during
the draft of the 1988 Brazilian Constitution to
equate the effects of de facto partnerships in
face of marriage. The main legal differences between these two forms of relationships are also
analysed, such as the cases involving joint property acquired during the relationship. It should
be noted that while the property title applicable
to marriage is subject to a series of specific legal provisions, de facto partnerships are limited
to partial property rules, unless a written agreement between the parties has been previously
established. |
|---|