Contrato de namoro e capacidade jurídica em descaracterizar a união estável

Abstract

This article presents a study about the validity of the dating contract in the legal scope, as well as whether it has the legal capacity to de-characterize the stable union. It began with a brief explanation of the evolution of family institutes, as well as the legislative evolution regarding Family Law. Thus, a study was carried out about contracts in general, presenting the concept, requirements and validity of contracts, also addressing the dating contract, its main characteristics, the guiding principles and a jurisprudential analysis on the subject. Then, an analysis was made of the main characteristics and differences between the stable union, presenting its main requirements, and the qualified courtship, focusing on the requirement of affectio maritalis, and if in fact the partners only use the dating contract to distance property incommunicability or to act in bad faith and avoid the characterization of a stable union. And finally, it was verified if the dating contract has legal capacity to de-characterize the stable union.