The spouse's consent for the sale of movable property

Abstract

The conjugal consent is an institute that imposes the need for the agreement of the spouse/partner to perfect the sale of an immovable property by the other. This rule aims to protect the family heritage structure, in order to avoid the dilapidation of the assets acquired jointly by the spouses/partners. However, this regulation only covers immovable property, not protecting movable property, even if, sometimes, movable property has a more significant value than immovable property. In this vein, the present study aims to answer the following question: what is the feasibility of the effects of article 1,647 of the Civil Code also covering movable properties? We have conducted documental research using the inductive method, which starts with observations and analysis of Brazilian legislation and the positions of judicial decisions with a qualitative approach. In response to the problem raised, it is highlighted that the bill nº 8099/17 presents a legal advance aimed at the preservation of family heritage, but it is necessary to increase this project so that it addresses not only automobiles, but any good of significant and expressive value, correlated the socioeconomic reality of the spouses/partners. This article seeks to alert the legal and academic community to the fact that the dilapidation of the common heritage cannot be seen only through the lens of the market value of the movable asset, but rather, through the lens of proportionality and the impact that such a sale causes on the concrete case. Therefore, it is considered that the legal protection of family assets, whether movable or immovable, is extremely important and must be taken into account both by judicial decisions and by the Brazilian legislator.