Affectio Maritalis no contexto da união estável e do namoro qualificado e os efeitos patrimoniais e sucessórios

Abstract

People relate emotionally in different ways, in this sense it is important to highlight that the constant search for happiness, and the aspirations of societies, promote the emergence of new family configurations. Among them we can mention the marriage, the stable union, qualified dating, among others. In this context, an interesting question arose: are there any inheritance and inheritance effects on a stable union and qualified dating? To find answers to this problem, the research sought as a general objective to understand affectio maritalis in the context of stable union and qualified dating, with emphasis on the patrimonial and succession effects in both institutes. There are still doubts about the legal system about the existence or not of inheritance and inheritance rights in cases of stable union and qualified dating and what elements are necessary for the configuration of relative rights in the two ways of relating. It was possible to perceive that there are patrimonial and succession effects only in the case of a stable union, since affectio maritalis is not present in the case of qualified dating. To develop research, the bibliographic research technique was applied, being that initially there was a greater incidence in the conceptual part of each one of the institutes to be observed. The approach method was the deductive method, based on the premise that next one of the hypotheses was proven, and the other two, discarded. The method of procedure used was the analytical-descriptive method.