Theory of juridical fact

Considerations on the Doctrine of Non-existence in light of the Civil-Constitutional Methodology

Authors

  • João Victor Rozatti Longhi Professor na Universidade Federal de Uberlândia Doutorando na Universidade de São paulo
  • Marco Aurélio Nogueira Universidade Federal de Uberlândia

DOI:

https://doi.org/10.14393/RFADIR-v44n2a2016-32853

Keywords:

Law, Constitutional Law, Civil Law, Legal Fact

Abstract

The theory of the juridical fact ceased to be just a specific chapter in the general part of the civil code, consecrating itself in all branches of Law. More specifically with regard to the troubled question of legal non-existence, the adoption or not of its postulates have profound practical consequences. This paper aims to analyze some of its main concepts from the historical roots, under a critical approach in light of the constitutional civil methodology. In addition, starting from a pragmatic and inclusive posture, it is sought to re-read specific points, mainly the theory of non-existent marriage and the prohibition of marriage between same-sex, as well as other consequences of its transposition to the category of the business Legal, among others.

Author Biographies

  • João Victor Rozatti Longhi, Professor na Universidade Federal de Uberlândia Doutorando na Universidade de São paulo
    http://lattes.cnpq.br/8670544472872110
  • Marco Aurélio Nogueira, Universidade Federal de Uberlândia
    http://lattes.cnpq.br/2989274397079204

Downloads

Published

2017-11-01

Issue

Vol. 44 No. 2 (2016): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License 

 
FREE ASSIGNMENT OF COPYRIGHTS - By submitting the article on the website, the main author and other co-actors, if any, authorize(s) the Journal of the Faculty of Law of the Federal University of Uberlândia to publish the article of their authorship. Consequently, through submission, the author and his co-authors, if any, freely assign copyright to the article, reserving only the rights to intellectual property. He/They further declare(s) that the ideas and concepts issued therein are entirely his/their responsibility, as well as expressing agreement with the graphic corrections that may be made.
 
 

How to Cite

Theory of juridical fact: Considerations on the Doctrine of Non-existence in light of the Civil-Constitutional Methodology. (2017). Journal of the Faculty of Law of the Federal University of Uberlândia, 44(2). https://doi.org/10.14393/RFADIR-v44n2a2016-32853