O princípio da vedação ao enriquecimento sem causa como limite à responsabilidade patrimonial do cônjuge com regime de separação de bens na execução de dívidas revertidas em proveito da família

Abstract

The prohibition against unjust enrichment is a corollary of the principle of equality, which is so expensive in the Democratic Rule of Law. Understanding it in order to guide the unfolding of the legal system is essential for building a just society, which radiates the constitutional precepts in private relations. Family law is an important field highlighted by the constitution, and it should reflect, with greater care, what the original constituent imposes. Within this, and added to the importance and special protection given to the private patrimony by the national order, the spouse's patrimonial responsibility must be seen in a way to make all these factors compatible and not be the source of undue enrichment and injustices. With this, using the deductive method, and analyzing the provisions of Family Law and Civil Procedure on the subject, as well as the positioning of jurisprudence and doctrine, this study seeks to show how the principle of prohibition against illicit enrichment should act as a guide and limiter of the spouse or partner's property liability in the execution of debts reversed for the benefit of the family, in order to avoid unfair treatment and incompatible with the law in cases of divorce and dissolution of stable unions for.