Efeitos patrimoniais do divórcio: bens adquiridos na constância do casamento e registados em nome de terceiros

Abstract

This monograph is part of the discussion on "Property Effects of Divorce: Division of Assets Acquired in the Constancy of Marriage and Registered in the Name of Third Parties" is a debate that seeks to establish the contours around the property effects regarding the division of assets, regarding the assets in the name of third parties. The aim of this study is to analyse the implications that may result, taking into account the regime adopted by the spouses, in the sense that there is a difference between the regimes in terms of legal effects. However, there are situations that have been observed and that raise more and more questions about separation, with regard to the effects of the registered assets in favour of third parties. Thus, with this work, it is intended to know how to recover the assets registered in the name of third parties, what mechanisms one of the spouses can use to safeguard the assets acquired and registered in the name of third parties. This work arises due to the existence of an inadmissible behavior on the part of one of the spouses at the time of the divorce, as they use fraudulent means, with regard to the assets registered in the name of a third party, endangering the assets acquired in the constancy of marriage. Therefore, it is still a great challenge for Mozambican legislation to prove that the assets registered in the name of third parties, are part of the couple s community and thus give rise to accountability and restoration of the asset.