‎Marriage and Stable Union Through Power of Attorney in Brazil

MARRIAGE BY LAWYER IN BRAZILIAN LAW

The marriage can be commended through a power of attorney that awards exceptional forces to get, in the interest of the grantor, the other worker for hire (article 201 of the Civil Code).

Power of attorney is the demonstration by temperance of which one individual enables another to accomplish something for the grantor of forces and in the interest of the last mentioned. General power of attorney is one in which the forces presented on it are easy to control. It covers all related and ensuing administration acts, as found in article145 of the Civil Code.

A unique power of attorney is one that contains powers for the demonstration or acts that are indicated in that. There are sure demonstrations that, by their tendency, require extraordinary forces from the grantor, like agreement and marriage.

On account of marriage, unique forces are conceded to the trustee as a substitute. It is necessitated that the name of the individual to whom the grantor is to be hitched be incorporated. Indeed, Pontes de Miranda (Family Law Arrangement, first Release) said that "it is somebody's home". Be that as it may, Pontes de Miranda added (Arrangement of private law, volume VII, Book retailer, p. 344) that it's anything but an extraordinary necessity to say the habitation of the individual to whom the grantor is to be hitched. It is conceivable that he will give the power of attorney precisely to somebody who can move around more effectively, search for the whereabouts of the individual he needs to wed. What's more, Pontes de Miranda added: "Neither the letter of Brazilian law, nor that of standard law, necessitates that the location of the other mate be expressed. The lawyer indeed will have the opportunity to fulfill the prerequisites of the law, any place the grantor's lady or man of the hour is found ".

The marriage might be commended by power of attorney, given that there is a public instrument with exceptional forces to do as such, and the adequacy of the command won't surpass 90 days of its festival (workmanship. 1.542, § 3 of the Civil Code of 2002). In the end, if the chief wishes to renounce the order, the denial shouldn't be brought to the consideration of the required (workmanship. 1.542, § 1, of the CC). It ought to be noticed that it is simply conceivable to disavow the command for marriage through a public instrument (workmanship. 1.542, § 4).

Before, Pronouncement 181 of 1890, Article 44, restricted the power of attorney to the dire and power majeure case, in which one of the contracting gatherings couldn't move to the spot of home of the other, nor defer the marriage. The Common Codes of 1916 and 2002 didn't make such a necessity, conceding the power of attorney under any conditions.

On account of an individual subject to Brazilian law, as an individual law, the power of attorney might be in the worker for hire's own hand, with the mark of the firm, or by open instrument.

The replacement of the power of attorney relies upon the grantor's very own law. Indeed, Brazilian law made no reference to underselling.

The Civil Code doesn't yet keep them from addressing one another.

The giving of privileges of commitments assumes the information on the other, so the demonstrations performed while the grantor is ignorant of the denial are not viable. Concerning parties in compliance with common decency, regardless of whether the disavowal is advised to the grantor, none of its belongings will be.

This power of attorney is dependent upon free renouncement.

The happening frenzy ineffects the power of attorney. In the event that the marriage is done after the frenzy, the grantor gets back to clarity and mindful of the impact of the marriage, has sexual relations with the individual with whom it was performed, or plays out any demonstration of consent, the deficiency coming about because of the incapability is relieved.

When the power of attorney is renounced, the marriage is invalid. Truth be told, exactly the same thing occurs in the event that you fall into dementia as found in group law (Codex Iuris Canonici, ordinance 1.089, § 3).

Passing infers a discontinuance of the forces of portrayal of the marriage. Notwithstanding, as Pontes de Miranda educated (refered to work, p. 347), while in the law of commitments, the demonstrations changed for the sake of the grantor by the grantor are substantial, in when the specialist overlooks the passing of the head, there is no marriage that was contracted after the demise of the head, regardless of whether the investigator and the other companion disregard it, or overlook one of them.

However, it is even feasible for the individual at unavoidable danger of life to wed, as was at that point read in Article 199, sole passage of the Common Code of 1916, with the other mate addressed by an extraordinary lawyer, yet the individual who is at up and coming danger of life is just in the event that he weds, as a substitute, if, at the hour of praising the wedding, in the customary way, or in some other, that fits, he actually lived.

It tends to be noticed then from the Civil Code of 2002:

Craftsmanship. 1.542. Marriage can be commended as a substitute, by open instrument, with exceptional forces.

§ 1 The disavowal of the order shouldn't be brought to the consideration of the command; however on the off chance that the marriage is finished up without the specialist or the other worker for hire monitoring the denial, the customer will be at risk for harms.

Passage 2. The mate who isn't at up and coming danger of life may you will have to be represented in nuncupative marriage.

§ 3 The effectiveness of the mandate will not exceed ninety days.

§ 4 Only by means of a public instrument may the mandate be revoked.

Marriage is distinguished by proxy from the so-called marriage by letter, or by nuncio.

This last letter marriage comes from Roman law, which allowed the man, when absent from his home, but present to the woman. It read from L. r, D., di ritu nuptiarum, 23, 2.

Civil law no longer allows marriage by letter, which was recognized under the Tridentine system. For a long time it was confused with proxy marriage, which was regulated, once again, in the Codex Iuris Canonici of 1917. The situation was very different, because only acceptance was before the parochus and the witnesses, which broke the unity of the act , reason why it was required, in the letter, the declaration of making the tradition of your body and immediately accepting that of the body of another. Brazilian law does not have it by letter, or even by nuncio.

Stable Union by Power of Attorney - How to make or dissolve the Stable Union without being present in the act

It is a stable union, that relationship between two people, even of the same sex, with the purpose of forming a family.

For it to be recognized as a Stable Union, with rights and duties matched to a civil marriage, the relationship between cohabitants must be of public, continuous and lasting coexistence.

Based on this premise, people who set up fast relationships, dating or non-public relationships (such as love affairs), will not have the right to have a recognized stable union.

Stable Union by proxy

When one of the cohabitants, or both, is prevented, for whatever reason, from appearing before the Notary, the performance of the act may be done through the presence of a third party, with appointment of a proxy, with specific powers for the act.

This appointment must have been granted no later than 90 (ninety) days. This grant must be by public instrument.

The power of attorney, also called the power of attorney, is regulated by articles 653 to 692 of the Civil Code.

It is an instrument, that is, a written document, by which one person will appoint another person of his trust, to represent him in the most diverse acts.

Power of Attorney by Public Instrument

The power of attorney by Public Instrument will be drawn up in a notary's office, since only the notary is allowed to draw up public powers of attorney.

Power of Attorney by Private Instrument

The proxy for a Private Instrument may be made using a template.

To be valid, this instrument, preferably, must have, recognized, the signature firms.

Revocation of power of attorney

A power of attorney will be revoked at any time.

In cases where the trust between the parties no longer exists, the grantor may proceed with the cancellation of the instrument.

As it is a registered document, it is not enough to simply or make the document unusable.

As long as it is not officially canceled, the document will have its validity intact, except in the case of instruments with determined validity or that have been instrumented for a specific business.

The instrument also loses its value upon the death or interdiction of one of the parties.

The instrument may be revoked at any registry office, not necessarily where it was drawn up.

Necessary documents:

- Grantor or principal:

The grantor must present the original personal documents:

CPF

Valid ID or identity document

Marriage certificate (if any) or birth certificate. (The requirement varies from State to State of the Union. Confirm the requirement with the notary's office where you intend to draw up the instrument).

The prosecutor's personal data (name, marital status, profession and address) must be informed, and some may require copies of documents for verification (Check the requirement).

- Awarded or appointed:

The grantee must also present:

Valid ID or identity document

CPF

Marriage certificate, if any, or birth certificate.

Dissolution of stable Union by proxy

The dissolution of the Stable Union may be done by a prosecutor, with powers established in the power of attorney, with specific powers for the decision on the sharing of assets, custody of minors, alimony and so on.

Recalling that the Dissolution of the Stable Union will take place by judicial decision, when it is not consensual and when there are minor and / or incapacitated children.

On the other hand, it is done by means of a Public Deed for the Dissolution of a Stable Union, made and registered in a Notary's Office, when it is consensual and without children.

Stable Union or Dissolution of the Stable Union by proxy with one of the cohabitants being abroad

When there is a need for the dissolution of a Stable Union, being one of the cohabitants abroad, the dissolution, as well as the registration, can also be done by a representative appointed as attorney.

The drawing up of the power of attorney, in these cases, must be done at the Brazilian Consulate or Embassy closest to the applicant.

For drawing the instrument, it will be necessary to filling in the duly completed and signed power of attorney form (Model at the Embassy or Consulate); power of attorney template, available at the Embassy / Consulate, or provided by notaries or lawyers and the payment of the Consular fee

The required documents are as follows (May vary from Consulate to Consulate) for people over 18 (For minors and illiterates, the rules vary. Consult the Consular Office):

GRANTOR:

Original passport;

Original Brazilian identity card (RG);

When a foreigner, the original and valid National Alien Registration Card (RNE); or expired RNE since the grantor has completed 60 years of age up to the maturity date;

CPF (11 digits);

Marriage certificate or consular registration of marriage, if married;

Marriage certificate with corresponding annotations, whether divorced or legally separated;

Birth certificate with the corresponding annotations, in the event of a name change other than for the reasons mentioned above;

Spouse's death certificate, if widowed;

Birth certificate with emancipation endorsement, if emancipated.

GRANTED:

Identification data (full name, nationality, marital status, profession and current address);

Number of the Brazilian identity card (RG) or National Alien Registration Card (RNE), issuing agency and date of dispatch;

CPF number (11 digits).

Conclusion

If you were concerned about the need for a large commute to dissolve your stable union or even to make it official, you have now learned that it is possible to perform the act without any injury or headache.

Do not forget to look for a lawyer to obtain specific guidance, according to the consequences of the act, for example, in the event of the dissolution of the stable union, the sharing of assets, custody of children, maintenance allowance, etc.

Recalling that the appointed third party, most of the time may be the lawyer who represents you or a person you trust.

Source:

law 9.278 / 1996

Civil Code, articles 653 to 692

Brazilian Consulates.