Author(s) Ana Catarina Leopoldo Fernandes
Advisor(s) Cristina Dias
Synopsis The main gold of this master thesis is to analyze all the consequences that exist when a relationship between two unmarried people comes to an end, as well as the way the Portuguese juridical system handles these kind of relationships, in patrimonial terms. To this end, we will be analyzing the Law n. º 7/2001, from 11/05, and its subsequent alterations. In a first chapter the exposition will begin by giving the possible definition of what cohabiting is, proceeding to the compared analysis between this regime and the matrimonial regime, as well as the effects that result from cohabiting, in order to framework the theme we propose to develop. As we can see, at the time the two people are cohabiting, problems may arise between them, but we will only concentrate in the problems that appear when the relationship comes to an end. This end can be voluntary, when the members, or only one of the members, decide to put an end to the relationship, or involuntary, when one of the members dies. Therefore, in the second chapter we will approach the voluntary termination of the relationship, analyzing all the patrimonial effects involved as well as the juridical approach that is made to those situations by the Portuguese legal system. Finally, in the last chapter, will be analyzed the involuntary termination of these relationships, as well as the legal regime applied to these situations, seeking to develop all the controversies attached to this issue. With this exposure, we aim to identify if the legal regime applied, in the Portuguese legal system, to these relationships is the right one or if it should be slightly changed.
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