In every marital rupture situation, and even after divorce, given the occurrence of emotional instability, it’s possible to fear that one of the spouses will carry out acts of dissipation or loss of assets to the detriment of the other. In the Portuguese legal system, the divorce process does not necessarily imply the division of marital property. This condition perpetuates a situation of indivisibility, as well as intensifies the risk of misappropriation of the property until the respective sharing does occur. Consequently, the question arises as to whether the scope of special enrollment is not excessively limited and should, therefore, be enacted in other situations than those pointed out in article 409.º of Código de Processo Civil.
|Date of Award||27 Apr 2022|
- Universidade Católica Portuguesa
|Supervisor||Rita Xavier (Supervisor)|
- Special enrollment
- Marital rupture and division of marital assets