The system of community property in the marriage and common law marriage / O regime da comunhão parcial de bens no casamento e na união estável

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

The present work intends to analyze the modifications introduced by the new Civil Code concerning the community property system, among the couples wedded by marriage and common law marriage, considering in particular what establishes article 1725 of the Civil Code. According to that, the community property system, if suitable, applies to the common law marriage when there is no property agreement between the partners. Therefore, due to the constitutional principles that regulate the family structure and the relationship between its members, it is necessary to establish which effects resulting from the legal rule, taking into account the regulating rules of the community property system, affect deeply the formation of the family wealth, its administration and availability, and also, define the restrictions to the spouses and partners ability to negotiate, with no harm to possible third parties judicial claims. Besides, it also discusses the situations in which any marriage settlement drew up in common law marriage is considered void or excluding a particular piece of property, and consequently, in this hypothesis, the system of community property would be applied

ASSUNTO(S)

comunhao de bens -- leis e legislacao -- brasil uniao estavel (direito) -- brasil direito efeitos patrimoniais casamento (direito) -- brasil marriage system of community property regime da comunhão parcial de bens common law marriage

ACESSO AO ARTIGO

Documentos Relacionados