A (in) constitucionalidade da obrigatoriedade do regime da separação de bens para os maiores de setenta anos

Abstract

This study is about the obligation of property regime for the people who are over 70 years old, according to the article 1.641, II of the Civil Code. The law maker was aimed at protecting the septuagenarians from marriages based on financial interests. However, this restriction is criticized because it affronts the constitutional principles of liberty, equality and dignity of human being. This theme talks about a subject of general interest due to the increase of the elderly population and the longer life expectancy. There have been more and more love relationships and marriages at this time of life. This work is aimed at analyzing the unconstitutionality of the obligation of property regime for the people who are over 70 years old. With the evolution of law and its constitutional interpretation, it is concluded that this rule should be revised because it is totally unconstitutional. It was used the deductive method to approach. The procedure methods were historical, comparative and monographic.