The unconstituicion of the article 1.641, II, of Civilian Code Brazilian

Authors

  • Fernanda Guaragni PUCRS

Keywords:

Regime of all separation of property, engageds, married, unconstituicion.

Abstract

The civilian legislation bring the way in that engageds can to run yours property when they get married. This way are the property regime. The egageds can to choose the regime that liked or the characteristic of one or of all. However, the article 1.641 of Civilian Code Brazilian explain when the property regimes in the maried will be compulsority the of all separetion. Only the situation of engageds with sixty years old can’t to change, they will married with property regime of all separation. This legal impose absolute reflect the prejudice of brazilian legislate to accept that people this age can to be family and to use of your property like will want. This impose break the value priority of Brazilian Constituicion of 1988, including the principal value: the dignity of human people, that is unacceptable to Democratic State of Right.

Author Biography

Fernanda Guaragni, PUCRS

Aditor gerente

Issue

Section

Articles