A possibilidade de inclusão de cláusulas pessoais e patrimoniais na elaboraçao de pacto antenupcial e contrato de convivência

Abstract

The goal of this work is to verify the possibility of inclusion of clauses in prenuptial agreement whose matter is not only the regulation of property regime. The importance of the work is related to the absence of a specific discussion on the doctrine that merely repeat the previous concepts, or treats the subject in a superficial way. Thus, we intend to demonstrate that the changes in the family right after the Brazilian Constitution of 1988 not only affected the earlier concepts of family and marriage, but also the objectives and legal nature of marriage in order to be able to confirm the extent these changes in relation to prenuptial agreements and cohabitation agreements. Thus, a study of the construction of family law in the pre- 1988 period, and the impact of the Constitution on the right of current family will be done. Then a study of marriage and stable relationships will be done in order to deconstruct the old concepts, and build new ones. Finally, the study will analyze the prenuptial agreement and the contract of coexistence in order to verify their legal nature and objectives. This way, you can check these instruments can play an important role in the regulation of marital life, be married or in a stable relationship, being able to allow the parties to agree upon issues other than just the property regime. The method used is deductive, bibliographic research