DATING AND COMMON-LAW CONTRACTS: AN ANALYSIS OF LEGAL PROPERTY SECURITY IN AFFECTIVE RELATIONSHIPS

Abstract

This research focuses on "Dating Contracts and Common-Law Marriage: An Analysis of Patrimonial Legal Security in Affective Relationships." With changing social customs and the postponement of formal marriage, many people opt for informal relationships. This makes it difficult to distinguish between dating, qualified dating, and common-law marriage, requiring mechanisms for legal protection. This study aims to analyze to what extent dating contracts are effective in guaranteeing legal security for the parties involved, given the growing difficulty in distinguishing between dating, qualified dating, and common-law marriage in modern affective relationships. The problem consists of: Is a dating contract legally effective in preventing the recognition of common-law marriage, and what are the patrimonial consequences? Considering this problem, the general objective will be to analyze the validity and security of dating contracts under Brazilian law. Through specific objectives, this research aims to understand the concepts of dating, qualified dating, and stable union, in light of doctrine and jurisprudence; to analyze the legal effectiveness of dating contracts and their limits in relation to the recognition of stable unions; to examine the legal security provided by dating contracts; and finally, to investigate the position of Brazilian courts regarding dating contracts, especially in cases of possible overlap with a stable union. The methodology adopted in this research is bibliographic and documentary in nature, with data collection carried out through the analysis of doctrinal works, scientific articles, and online resources. The intended result is to identify an efficient and lasting solution to eliminate the context of legal irregularities in dating contracts.