A possibilidade de repetir os alimentos quando há má-fé do credor

• Autor(a) principal: Rocha, Letícia Coelho da
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5646
• topic: Má-fé; Alimentos; Credor

ABSTRACT The present monographic work has as main objective to analyze the possibility of repeating the food when the creditor has bad faith, based on the omission of a new marital relationship constituted by the former spouse in order to rule out the application of the rule provided for in article 1.708 of the Code. Which provides for one of the forms of termination of the maintenance obligation. As for the data collection procedure, the deductive approach method was used, the research is exploratory and with regard to the approach, it is a qualitative research and the bibliographic data collection procedure used. As to the results, it was found that the principle of unrepeatability has been relaxed by the courts and, by understanding a large part of the doctrine, since its application implies, in some cases, the unjust enrichment by the creditor, which will illicitly benefit from the money received. On the other hand, it is reasonable to believe that bad faith and deceit in obtaining maintenance should be proven. Moreover, part of the doctrine understands that such a principle is not absolute and must be relativized, depending on the specific case. Finally, it could be concluded that it is possible to repeat the food when the bad faith of the food is confirmed in the postponement of the food supply resulting from the dissolution of the marital society, omitting a new family constitution so that the food does not claim the dismissal according to article 1,708 of the 2002 Civil Code.