Responsabilidade civil pela ruptura do vínculo conjugal

Abstract

This work deals with civil liability in Family Law, especially the moral damage resulting from the rupture of the conjugal bond. It initially traces an overview of the general theory of the civil liability institute, looking at its historical evolution and definition to its present nuances, referring to the erosion of the traditional filters of civil reparation regarding the easing of the causal nexus. It devotes a specific chapter to moral damage, in which it addresses its definition and the difficult task of configuring, assessing and quantifying of the non-patrimonial damage. It also proposes a paradigm change made by the dismantling of the damage in order to prioritize the effective repair of moral turmoil instead of pecuniary compensation. Finally, a chapter is reserved for the moral damage in family relationships arising from the rupture of the conjugal bond, clarifying its hypotheses of configuration and the different consequences of the violation of conjugal duties.