The end of the automatic sharing of the assets of the United couple (and now disunited) of the stable Union. The alimony to Ex-convivente-exceptional character.
March 28, 2018
Recently, the Superior Court of Justice, superior jurisdiction of civil and criminal proceedings, among those of the family, made a decision and thus established that the couple, united by the stable Union, be that judicially recognized, whether the Union Only in fact, between people of different sexes and between persons of the same sex, that in the case of separation, division of the said Union, the sharing of goods will not be automatic, or not yet be in accordance with the precepts of the Civil code. In practice, in the event of termination of the stable union, the will of the Contracting Parties, or of one of them, the goods shall undergo thorough analysis as to the division of the patrimony. The news was published by UOL-News. The pertinent process probate in secret of justice. It is essential, from now on, that there should be substantial proof of the financial contribution or effort to acquire goods from each individual. This is a precedent, i.e. the possibility that this trial may be able to help new judgments with the same content and the same matter. The judgement of the process in comment, also presents in its content topics that also involve the marital relationship-alimony. Alimony is no longer lifelong, and passes to the nature of transience. The Superior Court of Justice has understood that the guest who is in need of food, if not the case of serious physical or mental illness, which makes it impossible to exercise the labor, will receive pension for a certain period, fixed by the judge of Because. It should be noted that the magistrates effectively and currently, no longer fix lifelong, "eternal" alimony, to those who present themselves as needy. It is true that there are cases deserving of lifetime alimony, but for those who are capable people, able to work, such eternal obligations are removed by the judiciary. Finally, another aspect which has been raised in the judgment of the Superior Court of Justice is that the coexisting parties, nowadays, have the facility to compete on the market. Especially women, who are in the leadership of the commercial pyramid. The judiciary is attentive to social evolution and to society. The alimony, and sharing of the goods, which involve the colivers, is no longer definitive, and becomes exceptional. It remains, now, for the next judged, to examine whether such jurisprudential rules will be applied to marriage. Because much or almost "everything" of the rules of the stable Union are guided as paradigms of the Civil Institute of marriage. By Oton Nasser, lawyer and Professor of Civil procedural law – UCDB and ESA/MS.