Made available in DSpace on 2016-04-26T20:29:22Z (GMT). No. of bitstreams: 1 Paulo Thomas Korte.pdf: 2291772 bytes, checksum: db626cc7b83dce8273a0c421e960de2d (MD5) Previous issue date: 2009-05-29 / This work is a Master dissertation project that address the role of Law in the civil society, especially to reach and maintain the good of all, without prejudice of origin, race, sex, color, age and any other forms of discrimination (art.3, IV, da CF). The work speaks about the need to ensure the good of society through the good of the family, its primary cell. And, to ensure the good of the latter, it is necessary to guarantee the health of its core: the relationship between men and women. The law, especially the art. 1566 of the Civil Code, makes the role of regulating the passion manifestation limits of men and women in order to lead them to keep the good in the marriage contract / O presente trabalho aborda o papel do Direito na sociedade civil, especialmente para o alcance e manutenção do bem de todos, sem preconceitos de origem, raça, sexo, cor, idade e quaisquer outras formas de discriminação (art.3º, IV, da CF). Disserta sobre a necessidade de se garantir o bem da sociedade através da família, sua célula primordial. E, para garantir o bem desta última, é necessário garantir a saúde do seu núcleo primordial: o matrimônio

This thesis aims to explore a historical development of legal rules (according to CIC 1983, as well as non-codex cannons ) with respect to the Privileges of the Faith, i.e. the ancient Privilegium Paulinum and the more recent Privilegium Petrinum. The thesis provides a comparison of the common elements and differences between both legal institutes, and furthermore an identification of the major causes leading to changes in the canonical regulations. Based on practical examples of the application of these legal institutes, it concludes by discussing a potential future development of their application (de lege ferenda).

During the long eighteenth century, married women in England were subject to the rules of coverture, which denied them a legal identity independent of their husbands and severely curtailed their acquisition, possession and disposition of property. There is a consensus among historians that married women circumvented the restrictions of coverture both in their daily lives and by use of the legal mechanism of the separate estate. This study reviews contemporary legal and social attitudes towards women’s property rights in marriage to examine the extent to which married women had economic agency under coverture. Through a review of reported cases, treatises on the law of property, and a contemporary fictional representation of pin-money, I assess the foundations justifying the law of coverture, and the challenges presented to coverture by the separate estate. I argue that there is a distinction between the theory and practice of the separate estate; the separate estate must be understood as a type of property set aside for a special purpose rather than a type of property separated from a husband’s control. More precisely, the existence of the separate estate generally, and pin-money in particular, did little to advance married women’s economic agency. / Graduate