Civil Code December 22, 2021 at 11:56 pm

The study of the legal institute of the shared guard he will involve a research to be developed, leading in bibliographical, historical consideration, sources and you register. The data will be gotten by ample intermediary consult books, law journals, periodic, jurisprudence (reiterated decisions of the Courts), current law and all document luck. The doctrinal approach will be pontuar for the contributions of diverse authors on the subject, without olvidar that ahead of the presented positionings, we will adopt position from which we will weave consideraes personal. The present work meets divided in five chapters. The first chapter if considers to discourse on the chosen subject, that is, the institute of the guard shared to the light of the effective Civil Code, with the alteration given for the Law n 11,698, of 13 of June of 2.008, that it modified articles 1,583 and 1.584. As the chapter appraises, initially, the term family and continues with the study of the familiar power, its historical evolution, the treatment granted for the Civil Code of 1916, and the approach received for the effective Civil Code. The third chapter, in turn, takes care of of the guard of the children and approaches the models adopted for the doctrine: it keeps common, only, alternating, aninhamento and shared. In this chapter, also, it is focused the beginning of optimum interest, that serves of norteadora premise for all and any modality of guard to be adopted.

The visit right also is treated, also with judged on the subject. The room chapter alleges on guard it shares in the action at law, discoursing on majority the doctrinal and jurisprudencial positioning how much to the incidence of the shared guard when the conjugal dissolution not to occur of litigious form. The related chapter approaches, also, the possibility of application of the shared guard, exactly when to involve litigious familiar rupture. .

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