O CASAMENTO E A ESCOLHA DE REGIME DE BENS PELO CASAL: DIFERENÇAS, CONSEQUÊNCIAS E SOLUÇÕES

The objective of this paper was to analyze the differences between marital property regimes, their legal consequences for spouses, and possible legal solutions to ensure that the choices made by couples are informed and appropriate to the reality of each union. The property regime is a rule that regulates the patrimonial relations between a loving relationship, covering both the assets acquired during the union and those previously existing, considering that many people have already heard of the different types of property regimes, but may not know exactly how each one works. Historically, marriage has been seen as a strategic alliance between families, aimed at maintaining power and resources. Property regimes in marriage are established through rules that the future spouses select before the ceremony. These rules legally specify the management of the couple’s assets throughout the union. Property regimes constitute legal foundations that organize the financial interactions between the partners while the marriage is in force. The Brazilian legal system, although it provides for typical property regimes in the Civil Code, such as partial communion, universal communion, conventional separation and final participation in the assets, does not exclude the possibility of the spouses stipulating a mixed or personalized regime, as long as the legal and constitutional limits are respected. Consequently, the methodology used for this study is the deductive approach, and the research, in turn, will employ the technique of collecting information through bibliographic sources. It is concluded that the topic requires not only a technical approach, but also one that is sensitive to the complexity of human relationships. Family Law, in particular, must be attentive to the dynamic nature of emotional relationships, always seeking a balance between the protection of individual rights, the preservation of family assets, and the promotion of the dignity of the people involved.