| Autor: |
Patricia Minini Wechinewsky, Franciane Suelin Ramos Soares |
| Rok vydání: |
2019 |
| Předmět: |
|
| Zdroj: |
Academia de Direito. 1:119-145 |
| ISSN: |
2763-6976 |
| DOI: |
10.24302/acaddir.v1.2240 |
| Popis: |
The aim of the present study is to discuss the imposition of the regime of separation of matrimonial property to those above seventy years old. The problem that we have proposed is to show how this limitation of choice imposed by article 1.641, II of Brazilian Civil Code might hurt Constitutional Principles. The methodology we have used was bibliographical and case-laws review. The criteria we have established to this work were the age of seventy to the engaged couple (bride or groom), Brazilian civil legislation, Brazilian case-laws and Brazilian Federal Constitution. By means of the analysis it is clear that a person with total discernment must not have restricted his or hers right of choice by the simple fact of being elderly. It is of great significance to emphasize that the said imposition to those above seventy years old violates one of the most valuable rights of the human life which is the autonomy of choosing their acts as well as their dignity among other Constitutional Principles. The raised hypothesis is at the end confirmed since it is unconstitutional the said imposition so much that the majority of the legal theory as well as some case-laws are already deciding and positioning in terms of the unconstitutionality of the said article 1.641 II of the Brazilian Civil Code. |
| Databáze: |
OpenAIRE |
| Externí odkaz: |
|
