AULA 18 - OS DIFERENTES REGIMES DE BENS CONTINUAÇÃO

Summary

In this lesson on family law, the instructor discusses two property regimes: the Conventional (Absolute) Separation of Property and the Final Participation in Assets. The former involves a clear division of assets between spouses, where each person manages their own property without interference from the other. The latter is a hybrid regime, where assets are treated separately during marriage but are divided upon divorce based on what was acquired during the union. The video highlights key differences, advantages, and criticisms of these regimes, with practical examples and insights into their application.

Takeaways

• 😀 The video discusses different property regimes in marriage, focusing on the Conventional (Absolute) Separation of Property and the Final Participation in the Assets regimes.
• 😀 The Conventional Separation of Property requires a prenuptial agreement, where each spouse retains ownership and management of their individual assets without interference from the other.
• 😀 In the Conventional Separation of Property, each spouse's assets remain separate, and there is no communication or sharing of assets during the marriage.
• 😀 This property regime is often less chosen due to the cost of creating a prenuptial agreement, but it offers clear asset division and autonomy in asset management.
• 😀 The regime encourages independence, where neither spouse needs the other's consent for asset transactions, and debts remain separate.
• 😀 Critics argue that a general supplementary regime of asset separation would be more appropriate in contemporary society, considering both spouses often work and contribute economically.
• 😀 The Final Participation in the Assets regime is a hybrid system that combines elements of the Conventional Separation of Property during marriage and Partial Community of Assets upon divorce.
• 😀 In the Final Participation regime, assets acquired during marriage are considered separate but must be divided equally upon divorce, based on the increase in value of assets.
• 😀 One criticism of the Final Participation in the Assets regime is that the process of asset division can be complex and time-consuming, often requiring expert appraisals.
• 😀 An example is provided where, after a marriage, each spouse's assets are calculated and divided based on their increase in value during the marriage. This demonstrates the complexity of the Final Participation regime.
• 😀 The video concludes with a reminder that understanding these property regimes is essential for couples, and the speaker offers to address any questions from viewers.

Q & A

What are the two property regimes discussed in the previous class?

The two property regimes discussed in the previous class are the partial property communion regime and the universal property communion regime.

What is the key characteristic of the Conventional or Absolute Separation of Property regime?

The key characteristic of the Conventional or Absolute Separation of Property regime is that each spouse maintains full control over their own assets, with no sharing or communication of property after marriage.

Why is the Conventional Separation of Property regime less commonly chosen?

It is less commonly chosen mainly because it requires an antinuptial agreement, which adds a cost. Additionally, it is less flexible compared to other regimes like partial or universal property communion.

What does the phrase 'what is mine is mine, what is his is his' signify in this context?

'What is mine is mine, what is his is his' signifies that each spouse keeps their individual assets separate and does not interfere with or have a right to the other’s assets in the Conventional Separation of Property regime.

How do assets work when purchased together under this regime?

If assets are purchased together, they are treated as joint assets, but not because of the property regime. The division of assets is based on an agreement or personal contribution to the purchase, not the marriage itself.

What does the doctrine say about the necessity of the separation of property regime?

The doctrine suggests that a separation of property regime would be more appropriate as a general supplementary regime, especially in modern times where both spouses are working and managing their own economic activities.

What is a major criticism of the Conventional Separation of Property regime?

A major criticism is that it could be seen as unromantic or cold, as it focuses solely on the separation of assets rather than an emphasis on shared property or mutual economic interests.

What does the final participation in the assets regime involve?

The final participation in the assets regime involves each spouse managing their own assets during the marriage, but upon divorce, any assets acquired during the marriage are divided equally between them.

Why is the final participation in the assets regime considered complex?

It is considered complex because it requires detailed calculations and expert appraisals to determine the value of assets acquired during the marriage, especially in long marriages where assets have fluctuated in value.

How are assets divided in the final participation in the assets regime upon divorce?

Upon divorce, assets acquired during the marriage are divided equally. For example, if one spouse’s assets grew significantly during the marriage, they are entitled to a portion of the other spouse’s assets to ensure a fair distribution.