O contrato de namoro em uma perspectiva eficacial: uma leitura civil-constitucional dos arranjos pré-familiares

Abstract

The purpose of this paper is to discuss the dating contract, a legal transaction that has recently appeared in the country's legal system and which has been increasingly agreed upon by couples who want to avoid a possible stable union and its resulting rights and duties. Although there is an important part of the doctrine that considers it null and void, as well as some court decisions, its acceptance has been increasing. In addition, this research shows that the dating contract is in line with our liquid society, marked by more ephemeral and fragile relationships, and that the law needs to keep up with this social transformation. An example of this was the establishment of a single family model - namely marriage, while other family configurations, which already existed, were not given the same recognition. Finally, it demonstrates the dating contract as a valid legal business and able to produce its effects and the role that jurisprudence can play in redefining its effectiveness if the stable union is in fact characterized. Therefore, based on exploratory bibliographical research, where academic works, books by important familists and articles published on websites specialized in Law topics were analyzed, we sought to answer the following problem: what is the extent and limits of the effectiveness of power? clause of the dating contract, in light of the current civil-constitutional order?