The spouse’s exclusive right to change or keep a married name

The spouse’s exclusive right to change or keep a married name

Both marriage and stable unions allow the spouse or spouse to add the parent’s or surnames of others. In the case of a marriage, the provisions of paragraph 1 of Article 1,565 of the Civil Code apply directly. This addition is usually asserted in the housing process, but it can also occur after marriage. The … Read more

Inventory waiver and direct payment (Part 2)

Inventory waiver and direct payment (Part 2)

We proceed with the treatment of clinical effects in cases of direct payment. Last week, we looked at some of the startups. 4. Custody of spouse’s equityThe death of an individual, in addition to the effects of inheritance, represents the end of the marriage (death is metaphorically “heavenly divorce”) and, therefore, like divorce, it involves … Read more

Loyalty: Legal duty or moral aspect?

Loyalty: Legal duty or moral aspect?

This week, through my friend Ricardo Aron, I received the news of a bill presented to the Italian Parliament aimed at amending Article 143 of the Civil Code of 1942 to repeal the fiduciary duty of spouses.[1]. According to Italian Senator Laura Cantini, the argument that the withdrawal from the Civil Code is part of … Read more

Marital Status of Coexistence as per CPC / 2015

Marital Status of Coexistence as per CPC / 2015

The underlying family relationships and the existence or absence of coexistent marital status in the face of a single or widowed person have been widely debated in theory. Relationship with others. Now, the requirements set forth in Article 319, Item II of the New Civil Procedure Code (CPC / 2015), the initial application suits the … Read more

There is no duty to provide food among concubines

Loyalty: Legal duty or moral aspect?

It is interesting how family law can play on current terms, in which the goal is to change the nature of things through euphemisms. In a politically correct world, it is true that words are more important than actions. The popular saying “Do as I say, but do not do as I say” is never … Read more

Absence of life insurance beneficiary instruction

The spouse’s exclusive right to change or keep a married name

In the case of life insurance, there is a difference that goes beyond unconstitutionality in law. When a holder dies without notifying the beneficiary in the policy, the legislator selects his or her spouse as a legally uninsured beneficiary. Gives you half of the insurance amount. The rest, to the heirs of the insured, obeyed … Read more

Are companions needed or optional successors?

Are companions needed or optional successors?

The idea and concept of “essential heirs” is directly related to the idea of ​​protecting anyone who is deemed weak. Article 1845 of the 2002 Civil Code repeats the content of the 1916 Civil Code, which is from the original codification system, which reached us: descendants, ascents and spouses are essential heirs. This means that … Read more

Marital Families and (also) Families of Parents

Marital Families and (also) Families of Parents

Plurality and complexity are the hallmarks of a 21st century Brazilian family, with tangible and unexpected effects on family law. The plurality of family organizations is so clear that the list of family entities specified in Article 226 of the Constitutional Parchment is merely an exemplary list, consisting of indeterminate forms of the family constitution, … Read more

Corf analyzes the IRPF on the free allocation of real estate

Corf analyzes the IRPF on the free allocation of real estate

This week, we will present Carf’s precedents on taxation by the IRPF on the free transfer of real estate. This is the most exciting thing in income tax theory because it sets the tax on unearned income. From the point of view of income in the economy, the concept of Hyg-Simons is an important concept … Read more

Comprehensive protection for children and adolescents

Comprehensive protection for children and adolescents

Until the 16th century, childhood corresponded to a period of complete dependence of the child on the parent without any form of freedom or choice. Unlike what we see today, after crossing the childhood stage, there was no transition period to the adult stage, the child is considered a small adult, able to perform all … Read more