(In)applicability of the supressio institute in the matter of maintenance

About The Book

The present book is the result of a study carried out on the institute of supressio in the matter of food in family law; if it is possible to apply such institute an unfolding of objective good faith in relation to food. For this it is part of the idea of objective good faith to be a general clause of behaviour to be respected under penalty of its disregard lead to abuse of rights enshrined by the Civil Code of 2002. It is also presented the emergence of objective good faith in the Brazilian legal system as well as its functions attached duties and the institute of suppressio. It is also about the transformation that the family underwent mainly due to the issue of the Federal Constitution of 1988. It is discussed still the issue of food analyzing its main characteristics and hypotheses of fit. The objective good faith is analysed in the context of Family Law pointing out its feature of general duty of collaboration and reciprocal loyalty between the subjects. Finally it is presented the divergent position of the doctrine about the application of supressio in the matter of food as well as the position of jurisprudence that depending on the concrete case applies or not the supressio.
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