THE UNCONSTITUTIONALITY OF THE IMPOSITION OF THE REGIME OF MANDATORY SEPARATION OF PROPERTY ON ELDERLY PEOPLE AGED 70 OR OVER

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DOI:

https://doi.org/10.46560/meritum.v19i1.9905

Abstract

The present work seeks to verify the legal provision (art. 1,641, II, CC), which imposes the mandatory separation property regime on the elderly person's marriage. We sought to analyze the constitutional principles and guarantees that may be being violated as the freedom and equality of the group is restricted. The research also intends to examine specific cases in which the unconstitutionality of the device is being questioned. The old text of the legislation was also compared to the current one, both analyzed from the perspective of active and healthy aging.

 

 

Author Biographies

Aline Andrighetto, UNISINOS

Doutoranda em Direito Público pela UNISINOS.

Lavínia Luz Ramos, UNICNEC - Osório

Bacharel em Direito pelo Centro Universitário Cenecista de Osório- UNICNEC

Published

01/07/25

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