LEGAL CONSEQUENCES OF THE ABSENCE OF A STATUTE OF LIMITATIONS OR FORFEITURE PERIOD FOR FILING AN ACTION FOR THE DIVISION OF ASSETS AFTER THE DISSOLUTION OF A DE FACTO UNION

Abstract

This article aims to analyze some legal consequences of the absence of a statute of limitations or forfeiture period for filing an action for the division of assets after the dissolution of a stable union. The study is based on STJ (Superior Court of Justice) Information Bulletin No. 824, which demonstrates that the division of assets is a potestative right that is not subject to prescription or forfeiture, and may be requested at any time by one of the former partners. The study aims to demonstrate the understanding of the Brazilian legal system in the face of conflicts such as this, aiming at the legal security of the parties.