Possibilidade de reparação civil pelo rompimento injustificado do noivado.

Abstract

Unanswerable it is the fact that the Civil Responsibility is in the middle of the development, emerging as institute of interdisciplinary importance, suddenly it is used so much in the civil law as commercial, penal, consuming, administrative, including, therefore, several branches of the right. The social relationships in the family right are also developing, but maintaining in the popular thought the conception of old values, as the engagement. Framed in the civil wheat field the present study, has as focus the possibility of civil repairing for moral and material damages for the unjustified breaking of the engagement, suffered by one of the engaged couple. Like this the proposed objectives consist exactly of the general and systematic study of the civil responsibility and, the revelation of the fair and unjust reasons that they result such breaking, and that you/they open space for compensations. For the attainment of the study text of practical stamp was elaborated, through the method juridical exegetic, historical evolutionary and deductive, with the support of the bibliographical researches and jurisprudences, in order to be characterized the objectives of the work. Before the number every time larger of promises of engagement and of the increase of unjustified breakings of such a social commitment, it was made an analysis, stepped on in the basic conceptual premises concerning to the institute, of the hypotheses in that one of the engaged couple can cause damage, or no, of moral and material nature to the other fiance, because such promise of engagement is still practical constant in the society. The currents were approached for and against the responsibility, arguing in a clear way about the possibility of such repairing. It was verified that the theme is of great relevance for the scientific community, position that doesn't reach consensus of opinions, in other words, still consensus doesn't exist for such compensations, but demonstrating the research that there is a tendency in allowing them.