A obrigação de alimentos a filhos maiores e o princípio da razoabilidade | 2016

Author(s) Diana Gomes Rodrigues Mano
Advisor(s) Anabela Gonçalves
Year 2016

Synopsis The portuguese contemporary society is characterized by the verification of an unbridled access to higher education and to a professional technique expertise as a way to guarantee the entry in the labour market, resulting in the future a better and more satisfying social-economical level. However, the family appears here as the financial institution of that qualification, which normally extends into adulthood. The present dissertation aims to portray the obligation of educational maintenance due to age or emancipated children, when the article 1880º of the Civil Code requirements are fulfilled. This is a complex question that entails many difficulties, for which it contributes the reduction of the legal age from 21 to 18 years old, the weak state power that is given to families, the increase in compulsory school, and, the growing numbers of divorces, separations and ruptures of the facto unions. Although the child had reached the legal age, in the terms of article 130º of the Civil Code, or emancipated by marriage, as referred to article 132º of the Civil Code, just like the article 1880º stipulates, if the child hasn’t finished her educational formation, the obligation stipulated by article 1879º of the Civil Code maintains so far as it is reasonable to demand the parents to fulfil it and strictly by the necessary time until the formation ends. With the Law n. º 122/2015, of 1st of September, which amended the article 1905º and the article 989º both of the Civil Code, remains the maintenance allowance until the child turns 25 years old, unless the respective process of education or training is completed before that date, or if it was freely interrupted or if in any case, the person obligated to pay proves the unreasonableness of its demand. Before the entry into force of the present law, the jurisprudence sustained that with the majority the parental responsibilities ended and, so as this obligation. In this way, it would have to be the child to ask for the maintenance of the obligation of educational maintenance or a new one, claiming and proving all the requirements of the article 1880º of Civil Code. Although the child has already reach the legal age, in the terms of article 130º of the Civil Code, or emancipation by marriage, just as referred in article 132º of the Civil Code, just like the article 1880º of the Civil Code affirms, if the child hasn’t finished her superior formation, the obligation stipulated by article 1879º of the Civil Code still remains, so far as it is reasonable to the demand the parents to fulfil it and strictly by the necessary time until the formation ends. In this way, we aim to demonstrate the importance that the obligation of allowance has in the Portuguese legal system, especially in family law, restricting this study to maintenance after the age of majority of the children. However, we live in a world that is in constant evolution, where internationalization is transforming fundamentals aspects of people’s lives, where border barriers are getting smaller, so, it is important to assure the rights and duties of everyone. Following this understanding, it is very important to approach the question of collection of obligation of allowance in the European Union.

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2018-07-18T14:39:12+00:00