EXISTENTIAL DAMAGE IN ROMANTIC RELATIONSHIPS: A CIVIL LAW ANALYSIS OF AN UNFULFILLED PROMISE OF MARRIAGE

Abstract

This article sought to analyze the conditions under which conduct associated with breaking a promise of marriage may support the recognition of existential damage under Brazilian civil law. It investigated how to distinguish the exercise of the freedom to marry from abusive conduct that concretely undermines the other person’s activities and personal plans. A qualitative approach was employed through a narrative literature review and documentary research involving legislation and selected judicial sources. The analysis connected the protection of personality rights, the protection of trust, and the repercussions of harm on everyday life and life plans. The findings indicate that an unfulfilled marriage expectation alone does not constitute existential damage; legally reprehensible conduct, concrete harm, and a causal connection must be demonstrated. The examined engagement cases recognize nonpecuniary damage in specific circumstances without establishing a doctrine of independent compensation for existential damage. The study concludes that applying this category to romantic relationships constitutes an interpretive possibility conditional upon proving its requirements and preventing duplicate compensation, rather than an automatic consequence of the relationship ending.