A vedação de escolha de regime de bens para os maiores de 70 anos: um estudo sobre a antinomia jurídica presente entre os artigos 1.639 e 1.641, inciso II, do código civil brasileiro.

Abstract

Introduction: This paper will examine, in the light of legal science and civil legislation, the prohibition of choice of property system imposed on those over 70 years old by the Brazilian Civil Code of 2002. To do so, it will preliminarily explore issues related to family law, specifically with respect to the matrimonial property system, especially the obligatory separation of property system, a category of the separation of property system, in order to build a base of knowledge for readers of this work, so that successively we can analyze issues related to legal antinomy, primarily the antinomy between Articles 1639 and 1641, item II, of CC/02, a subject that will be addressed with much more emphasis in this research. Objective: The study of this work aims to reveal the most appropriate method for resolving the legal antinomy between articles 1.639 and 1.641, II of CC/02, with emphasis on the study of the prohibition of choice of property system for those over 70 years of age. Methodology: The research developed is of a theoretical nature, in which circumstance an exploratory research method will be adopted, which aims to advance the legal phenomenon researched, from the proposition of major discussions and through the deepening of conceptual and legal issues, where bibliographies and legislation applicable to the research will be gathered, considering for such selection, the quality and applicability of the study material. Results: The present scientific work made it possible to recognize the most appropriate method for resolving the legal antinomy existing between articles 1.639 and 1.641, II, of CC/02, giving visibility to the analysis of the prohibition of choice of matrimonial regime for those over 70 years old. In addition, it promotes an understanding of the basic concepts and foundations of the property system of marriage. Furthermore, the understanding of the conceptions and justifications of the legal separation regime has been provided. And finally, through this research, it was possible to prove the legal antinomy present between the articles under analysis. Keywords: Prohibition of Choice; Elderly Persons Aged 70 and Over; Property Regime; Antinomy; Conflict of Rules.