Compensatory aliments: compensable alimentary and patrimonial equilibrium

Abstract

The present paper has the purpose to search for an answer to the follow problem: is it possible, in Brazil, the use of aliment system to verify finance compensation and patrimonial equilibrium due to the end of a socio-affective relationship? This question directs us to the meaning of payment of aliment, its definition, extension and types. It also examines all points of view related to unmarried couples break ups and the (im) possibility of cumulate regular aliments and compensating ones. With the objective of verifying that suggested content , this article will present who is legitimated to contest the right to claim aliment, the conditions and elements necessary to the obligation of maintenance as a result of the end of relationships (married and unmarried ones) and, subsequently, it will deal with the compensatory aliments problem, by verifying the facts that lead to the absence of the necessity of splitting the patrimony; unbalance division of the family state and the exclusive use by just one of them. After all the elucidation, this work will reach the conclusion of the ideas and proposals of solutions to the problematic involved on the theme.