Efeitos pessoais do casamento: responsabilidade civil resultante da violação dos deveres conjugais recíprocos

Abstract

Civil liability and family law are related to raising interest in doctrine and legislation. Law n° 22/2019 of 11 December brought profound changes in the discipline of the personal effects of marriage, enshrining in paragraph 2 of article 97 that the violation of marital duties can give rise to civil liability. In this context, the present study on the theme "Personal Effects of Marriage: Civil Liability Resulting from the Violation of Conjugal Duties" has as its fundamental objective to demonstrate whether the damages caused by the violation of conjugal duties can give rise to civil liability. The study focuses on the problem of the application of the principles of civil liability in marital relations, therefore, the study confronts and discusses the various positions around the admissibility of civil liability arising from the violation of the duties inherent to marriage. Taking into account the advances of doctrine and legislation, an analysis is made on the regime of civil liability between spouses for violation of conjugal duties for a possible legislative intervention in the area of marital duties. From the study, it is concluded that it is possible to apply the rules of civil liability in the context of family relations when it comes to the violation of conjugal duties, the compensation of the victim is fully admitted in the legislation, and the spouse is not only subject to the legal consequences provided for in the Law n° 22/2019 of 11 December, but also to civil sanctions.