A responsabilidade civil no relacionamento afetivo: um estudo das hipóteses cabíveis para reparação do dano moral
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Date
2021-06-17
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Universidade Católica do Salvador
Abstract
This scientific article aims to analyze the hypotheses of appropriateness
for reparation for moral damage resulting from actions in affective relationships and,
specifically, the understanding of the courts on the subject. By conceptualizing the
institute of civil liability and, strictly, its non-contractual modality, we seek to bring to
the discussion the assumptions for the configuration of liability, as well as the act, the
damage and the causal link. In addition, the work also aims to delimit the supposed
presuppositions for the admissibility of said reparation for cases in which the
legislation does not expressly provide, as well as the demonstration of judgments on
the subject. Cases such as domestic violence, sentimental embezzlement, marital
infidelity, and broken engagement. The study will be developed using the deductive
method and will be based on bibliographical and jurisprudential research and the
legislation itself.
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Keywords
Responsabilidade civil, Relacionamento afetivo, Dano moral, Indenização, Civil responsability, Affective relationship, Moral damage, Indemnity