It is necessary, however, to express the will through a public act
On 1 February the Federal Court (STF) ruled that the mandatory regime of separation of property in marriages and stable unions involving people over the age of 70 is no longer mandatory. With a unanimous decision, it was understood that maintaining the obligation provided for by the Civil Code does not respect the rights of elderly people and violates the autonomy of the will through the practice of ageism, a name given to prejudice against people based on their age .
Second Hygor Jorgelegal consultant operating at national and international level, coordinator of the post-graduate course in Asset Planning and Equity Investments at the PUC/MG and teacher of the post-graduate and LLM courses in Commercial Law at IBMEC/RJ, to eliminate the obligation, will must be expressed through a public deed, signed at the office of a notary.
«And if those over 70 are already married or live together on a stable basis, they can also change their property regime. To do this, however, judicial authorization or a public document is required. In both cases the change will only produce patrimonial effects for the future,” he explains.
The will must be expressed
According to Hygoor Jorge, it is important to know that if you want there to be no separation of assets, it is necessary to express your will in a public deed.
“Otherwise this regime will prevail. It is no longer obligatory, but exists and remains in the event of failure to demonstrate otherwise, so that we now have two optional legal regimes due to the silence of the parties: the regime of partial community of property and that of legal separation for the eldest, 70 years” , he warns.
According to Minister Luís Roberto Barroso, the mandatory separation of assets for people over the age of 70 has prevented, for the sole reason of age, people capable of carrying out acts of civil life, that is, in the full enjoyment of their mental faculties, to define which marriage or stable partnership regime is the most appropriate.
“He underlined that discrimination based on age is expressly prohibited by the Federal Constitution,” explains Hygoor Jorge.
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Source: Terra
Ben Stock is a lifestyle journalist and author at Gossipify. He writes about topics such as health, wellness, travel, food and home decor. He provides practical advice and inspiration to improve well-being, keeps readers up to date with latest lifestyle news and trends, known for his engaging writing style, in-depth analysis and unique perspectives.
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