O regime de separação de bens e a iniciativa para o afastamento do critério de idade.

Abstract

The aim of this work is to discuss the age criterion used as a parameter for the applicability of the mandatory separation of property regime, questioning legislative concepts that deal with the subject. Using studies of case law and doctrine, it seeks to analyze concepts such as civil capacity and its relationship with property regimes, civil rights and protection for the elderly already used in legislation such as the Civil Code, the Federal Constitution and the Elderly Statute. In this way, it is dedicated to discussing the use of the age criterion in the face of the social reality experienced by this group, which is responsible for important areas of civil life, but is limited in its choice of property regime. It deduces that there are inconsistencies in this application, and also considers that other criteria could be more relevant to the protection of the elderly, in addition to legal defense instruments. Keywords: Marriage 1. Property regime 2. Age 3. Assets 4