The effectiveness and benefits of contractualization in family and affective relationships

Abstract

This article analyzes the effectiveness and benefits of contractualization in the context of family and affective relationships, with an emphasis on the application of prenuptial agreements, cohabitation contracts, and atypical contracts, such as dating, submission, and fidelity agreements. The research is guided by the following question: to what extent can contractualization in family and affective relationships, through these instruments, be effective and beneficial? The methodology adopted was bibliographic research, based on legal doctrine and academic works. Considering the plurality of family configurations in contemporary society, the study demonstrates how contractual freedom, supported by the Civil Code and constitutional provisions, enables individuals to regulate their relationships in a secure, clear, and personalized manner. Contractualization emerges as a tool for preventing disputes, promoting private autonomy, and fostering social harmony, contributing to more conscious and stable relationships. The study also highlights the legal limits and guiding principles that ensure the validity of these contracts, preserving human dignity and inalienable rights. It concludes that, when in accordance with normative parameters, contractualization represents a necessary advancement in Family Law, aligned with new social and affective demands.