Detalhes bibliográficos
| Ano de defesa: |
2009 |
| Autor(a) principal: |
Cardoso, Fabiana Domingues
 |
| Orientador(a): |
Cahali, Francisco José |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/8473
|
Resumo: |
This study focuses the Pre Nuptial Agreement, analyzing the formalities required for its elaboration, as well as, the legal aspects and possibilities of its content, emphasizing the prevention against litigation that the institute can offer, which is currently not much explored in the national scenery. This work studies the legal business elaborated by the spouses before they get married institutes rules, mainly on the future family s patrimony. It regards and presents the legal nature of the pre nuptial agreement, and focuses the importance of such agreement as a tool to prevent disputes in the ambit of family law, presenting its legal and social usefulness. This study also debates forms for the optimization of the use of this tool. This study details the formal elements indispensable to any pre nuptial agreement, as well as the doctrinaire and jurisprudential views on the agreement content. This work also demonstrates a brief background of family and marriage in order to make the understanding of its main subject easier. It presents a number of types of property rulings, how they are dealt with in the Brazilian legal system and their correlation with the pre nuptial agreement. The study also explores examples of provisions that may be set forth in clauses of pre nuptial agreements, both in the patrimonial and extra-patrimonial ambits. It points out polemic matters related to the pre nuptial agreements, debating hypothesis of solution for each of them. Furthermore, it presents the effect of the pre nuptial agreement in private international law and the hypothesis of invalidity of pre nuptial conventions |
