PACTO ANTENUPCIAL NA PERSPECTIVA DOS TABELIÃES

Análise de questões controvertidas sob a ótica da doutrina e da prática notarial

Abstract

The prenuptial agreement is an instrument increasingly used by the engaged, allowing them to regulate the relationship according to their interests, providing greater tranquility and avoiding future conflicts. Despite the increasing number of prenuptial agreements in recent years, there are still controversial issues to be solved and there is a lack of in-depth studies on its formalities, content and efficacy. In order to better understand the dynamics and functionalities of the instrument, as well as clarify controversial points, the present work will address the requirements, content and effects of the prenuptial agreement, confronting theory with notarial practice. For this purpose, it uses bibliographical, jurisprudential and legislative research. In addition, it uses the data obtained in field research carried out in the Notary's Offices of the host city. The comparison between doctrinal position and notarial activity reveals the existence of contradictions that must be resolved if one wants a coherent legal system that provides legal certainty.