RESPONSABILIDADE CIVIL NAS RELAÇÕES DE FAMÍLIA

Abstract

This article deals with the principles and requirements applicability of civil liability in face of noncompliance with family legal duty, arising from marriage, stable union and the relations between parents and children. Analysing the evolution of this theme is made and the misunderstandings of the initial resistance to the acceptance of civil liability in family relationships are clarified until it reaches the way in which the theme has been recognized by Brazilian jurisprudence. In the development of the article, the importance of fulfilling the requirements or assumptions of civil liability, based on the General Part of the Civil Code of 2002 (art. 186), as well as the basis of subjective liability, which is guilt. It is also emphasized that moral damage, in most cases, results from an offense to the personality rights of the family members involved and cannot be the result of a mere lack of affection, since this feeling is not an obligation or a right. It concludes that the principles of civil liability are applicable whenever the breach of family legal duty, moral or material damage and the causal link between the violation of family legal duty and damages are present.