DATING CONTRACT AND ITS LEGAL IMPLICATIONS
DOI:
https://doi.org/10.51891/rease.v11i5.19014Keywords:
Dating contract. Stable union. Comparative law. Affective relationships. Legal certainty.Abstract
This study aims to analyze the legal implications of dating contracts within the Brazilian legal system, focusing on their validity, patrimonial effects, and jurisprudential interpretations. It also seeks to assess the need for specific regulation to ensure greater clarity and legal certainty for the parties involved. The dating contract is a legal instrument used to formalize affective relationships by expressly stating the absence of intent to establish a stable union or family entity. Its main purpose is to prevent patrimonial and succession effects arising from potential misinterpretations of the relationship. Although not specifically regulated in Brazil, its validity is supported by the principle of private autonomy established in the Civil Code. To enhance the discussion, a comparative legal analysis was conducted based on the legal frameworks of countries such as the United States, France, Germany, and Portugal. The study concludes that even in foreign systems, private autonomy is often limited by the factual configuration of the relationship, reinforcing the need for a specific normative framework in Brazil.
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Atribuição CC BY