The choice of the marital property regime

Abstract

The purpose of this article is to discuss about informality in the choice of the legal regime of property, analyzing the autonomy of will and its effects on the extinction of civil marriage by divorce and the dissolution of the stable union, focusing mainly on the patrimonial issue of the contractors. / living together and in any economic loss to one of the parties. Also, this article sought to consider the importance of knowledge by contractors / cohabitants about the property regimes established by civil legislation. Moreover, it aimed to point out the need for any legal advice to choose the property regime, since the one chosen by the couple will govern the property rights in the constancy of marriage and stable union. It was also sought to inquire about the legal treatment for the dissolution of the stable union and the extinction of civil marriage and the differentiation in relation to the moment of choosing the property regime, demonstrating that an adequate legal advice provided by a lawyer or by the Official himself. Civil Registry and Notary Public, since these are the entities responsible for the formalization of the solemn act and, in a delegated manner, make the way of the State, could avoid any future litigation. For the analysis of the problems, we used the deductive method of bibliographic and documentary contribution, as well as the qualitative theoretical method, exposing doctrinal positions and jurisprudence on the subjects addressed.