Abstract

SANTOS SOMBRA, Thiago Luís. The evolution of Patrimonial Protection of Spouses in Family Law: a Study Case on the Separation of Property Regime. Rev. Derecho Privado [online]. 2016, n.30, pp.55-82. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n30.03.

In recent years, legislative changes have been occurring worldwide to protect equality between spouses. This article specifically takes into account the Brazilian Civil Code of 2002 which, following a trend established by the juris-prudence, admitted the surviving spouse as a legitimate heir, while guaranteeing his/her right to property and the division of inheritance within the conventional separation of property regime. This article seeks to analyze the evolution of the protection of a surviving spouse's assets according to a cultural redefinition of the jurisprudence by the Superior Court of Justice.

Keywords : Spousal patrimonial protection; Separation of property regimes; Legal inheritance; Legitimate heir; Surviving spouse; Prenuptial agreement.

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