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- Casamento E Divórcio Na Perspectiva Civil Constitucional
- Face Patrimonial do Casamento
Do regime da separação de bens
Autor | Paulo Hermano Soares Ribeiro - Edson Pires da Fonseca |
Ocupação do Autor | Professor de Direito Civil das Faculdades Pitágoras de Montes Claros, MG e da FADISA - MG. Tabelião de Notas. Advogado licenciado. - Professor de Direito Constitucional e Teoria do Direito na FADISA e na FAVAG - MG |
Páginas | 107-108 |
Page 107
Este regime se caracteriza pela completa individuação dos patrimônios de cada cônjuge, não havendo, a princípio, nenhum bem comunicável. Todos os bens, adquiridos antes ou durante o casamento pertencem a seus respectivos titulares, assim como os frutos produzidos por tais bens.
Para estabelecer a separação total de bens, a escritura pública lavrada por Tabelião de notas é formalidade essencial.
A única comunhão prevista no direito de família é a das despesas do casal, posto que, nos termos do art. 1.688(CC/02), "ambos os cônjuges são obrigados a contribuir para as despesas do casal na proporção dos rendimentos de seu trabalho e de seus bens, salvo estipulação em contrário no pacto antenupcial".
Não há restrição para alienação de bens imóveis sem a outorga do outro cônjuge, quanto ao regime da separação absoluta, nos termos do art. 1.647(CC/02):
Ressalvado o disposto no art. 1.647, nenhum dos cônjuges pode, sem autorização do outro...
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