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Ana Lúcia and Heitor, she being sixty-five and he being sixty-seven years old, marry under the universal community regime, having previously stipul...

Ana Lúcia and Heitor, she being sixty-five and he being sixty-seven years old, marry under the universal community regime, having previously stipulated a prenuptial agreement by public deed for the adoption of this regime; two years later, they regret it and request a judicial change of the regime to the partial community of property. Regarding both situations,


a) It was possible to stipulate the prenuptial agreement because both had not reached the age of seventy; it is also possible to change the property regime, by judicial authorization in a motivated request from both spouses, after the validity of the reasons invoked and subject to the rights of third parties.
b) Although the prenuptial agreement was possible, the change of the chosen property regime is only possible after three years of marriage, by judicial authorization, explicitation of reasons, and subject to the rights of third parties.
c) It was possible to change the property regime, by judicial authorization in a request from both spouses, without specifying reasons, as it is a private matter of the couple; it was possible to stipulate the prenuptial agreement, but since they were over 65 years old, only for the separation of property regime.
d) It was not possible to stipulate the prenuptial agreement because Ana Lúcia was already 65 years old, which made the separation of property regime mandatory; the change of the property regime was necessary in the case of the mentioned separation of property regime, without requiring judicial authorization.
e) It was possible to stipulate the prenuptial agreement, choosing any regime, as they had not reached seventy years old; it was possible to change the property regime at any time, without requiring judicial authorization, but subject to the rights of third parties.

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Exercicios de revisao - regime de bens e validade - sem gabarito
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Direito Civil IV Universidade Federal de Mato GrossoUniversidade Federal de Mato Grosso

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A alternativa correta é a letra A) Foi possível estipular o acordo pré-nupcial porque ambos não haviam atingido a idade de setenta anos; também é possível mudar o regime de propriedade, por autorização judicial em um pedido motivado de ambos os cônjuges, após a validade dos motivos invocados e sujeito aos direitos de terceiros.

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