Inaplicabilidade das causas de impedimento do casamento à união estável

• Autor(a) principal: Cardoso, Eloise
• Data de Publicação: 2017
• 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/5825
• topic: Direito de família; União estável; Casamento; Impedimentos

The present monographic work aims to analyze the possibility of inapplicability of the causes of impediment of marriage to the stable union. For this the historical evolution of family entity was demonstrated. It was conceptualized marriage, demonstrated its legal nature, causes impeditive, suspensive and social, patrimonial and personal effects. It was also conceptualized a stable union and explained about the legal requirements for its recognition, as well as a study was made on its legal nature and its effects. And, finally, we studied in more depth the causes of marriage and the possibility of zero marriage to generate effects through putative marriage, as well as the jurisprudential and doctrinal positions were presented before stable unions established with an impediment. Faced with the jurisprudential and doctrinal positions, there were two possibilities of inapplicability of the causes of impediment of marriage to the stable union, namely free union and putative stable union. As for the scientific method of approach, the deductive was used; As to the level, this research is classified as exploratory; The qualitative approach; And, regarding the procedure used in the collection of data, bibliographic. Thus, it is concluded that in the face of doctrinal positions and jurisprudence there must be the inapplicability of the causes of impediment of marriage to the stable union through the recognition of a stable putative union, being verified the good faith presence of one or both partners about of the impediment so that this union can generate effects.