Banca de DEFESA: ALEX BRUNO ASSIS LOPES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ALEX BRUNO ASSIS LOPES
DATE: 10/03/2025
TIME: 14:30
LOCAL: teams
TITLE:

THE INSERTION OF A PENALTY CLAUSE IN ANTENUPTIAL AGREEMENT

KEY WORDS:

MARRIAGE; ANTENUPTIAL CONTRACT; INFIDELITY.

PAGES: 90
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation seeks to understand the extent to which prospective spouses can exercise their freedom of negotiation in prenuptial agreements, with an emphasis on the possibility of including penalty clauses related to infidelity. The research aims to analyze the validity and effectiveness of such clauses, considering the limits of state intervention, the requirements and challenges for including these clauses in prenuptial agreements, the legal obstacles faced by the spouses, the possibility of amending the agreement during the marriage, and the potential forms of liability in case of violation.To develop this study, a qualitative theoretical-dogmatic methodology was employed, based on bibliographic sources, case law, and relevant legislation. The results indicate the legal feasibility of including penalty clauses in prenuptial agreements, provided that the requirements for validity and effectiveness established by the legal system are met. Additionally, it highlights that resistance to their implementation stems from state interference in family law and a conservative interpretation of legal norms. Thus, it is argued that contractual innovation in the marital sphere enhances legal certainty and the autonomy of the spouses while challenging t

COMMITTEE MEMBERS:
Interno - 3064634 - BENEDITO CEREZZO PEREIRA FILHO
Interna - 2729067 - DANIELA MARQUES DE MORAES
Presidente - 1012528 - JOAO COSTA RIBEIRO NETO
Externa à Instituição - MARIANA ALVES LARA - UFMG