Meios de prova da existência da união de facto no acto da dissolução no ordenamento jurídico Moçambicano

Abstract

The purpose of this paper is to analyze the means of proving the existence of a de facto union in the act of dissolution in the Mozambican legal system. Under the terms of the law, it is clear that registering a de facto partnership is not compulsory, as article 209, no. 1 of the Mozambican Family Law establishes that registering it is an option, i.e. de facto partners, if they so wish, can register their partnership. This act means that in an action to recognize a de facto union, testimonial evidence and evidence by confession take precedence over documentary evidence, in the event of a lack of registration. However, these means do not provide legal certainty, since it has been the members themselves who have wanted to benefit from the protection that the law confers on the relationship. In these terms, we are looking into the possibility of the registration of de facto unions being compulsory, thus allowing legal certainty and security of the constitution of the same. This act will allow de facto partners to use the civil registry certificate as a means of proof (documentary proof)