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.

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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

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Published

2017-11-01

How to Cite

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

Issue

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

Section

Articles

License 

 
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