Diferenças entre contrato de namoro e união estável à luz do ordenamento jurídico brasileiro

Abstract

This study aimed to examine the general requirements of a dating contract to distinguish it from a common-law marriage. Utilizing legal doctrines and precedents that interpret this legal transaction based on Article 104 of the Civil Code and teachings from legal scholars. The criteria for a dating contract and distinctions from a common law marriage are not explicitly outlined in the law. However, various bibliographies provide insights into their differences. Conducted as a theoretical research, it employed an analytical method through legislative study, bibliographic review of doctrines and scientific articles, and examination of recent legal decisions, divided into three chapters. The first chapter explored the general aspects of a dating contract. The second chapter outlined the specifics of a common-law marriage. The third chapter analyzed the distinctions between a dating contract and a common-law marriage, along with the perspectives of the courts. The conclusion suggests that entering into a dating contract can serve as a means of financial protection, preventing the misidentification of a false common-law marriage. Nevertheless, it remains a legal transaction lacking specific legislation, requiring further development and discussion within the broader society and legal community, given the potential benefits for many individuals. [resumo fornecido pelo autor]