Casamento civil e união estável : os limites para equiparação dos efeitos dos institutos nos processos de cobrança e execuções.

Abstract

This monography work has as its central theme the limits for equating the stable union to marriage, in judicial demands, so that the creditor can recover the credit granted to the insolvent debtor, taking into account, in addition to the regime of chosen assets, the current context. To this end, the historical context of the family nucleus, its forms of constitution, as well as the evolution of family institutes will be demonstrated - which will make it possible to understand the new types of family arrangements admitted by doctrine, jurisprudence and the Federal Constitution. From this, the requirements and formalities necessary for the constitution of the marriage and the stable union will be analyzed, at which time the means of proving the bond maintained between spouses and partners will be verified. Finally, it will be discussed the ways of reaching the patrimony of the non-debtor partner, in order to answer the central question of the research: to what extent can the effects of the stable union be compared to those of the civil marriage regarding the responsibility of the companions for the debts contracted by others? In order to carry out the research, the deductive approach method was used, based on the library of the University of Santa Cruz do Sul, the reading of legislation, scientific articles, theses and dissertations, as well as magazines and periodicals on the subject.