Although there may be economic or financial interest of third parties in recognition of the stable , it will reflect character and indirect, which does not justify the intervention of the third parties in respect of procedure which aims to declare the existence of affective relationship between the parties .
With this understanding , the Third Chamber of the Superior Court of Justice ( STJ ) dismissed the special appeal filed by a creditor who was seeking the right to bring an action claiming the stable union between a debtor and a deceased person .
In addition to the recognition of the family relationship , the lender asked the sharing of marital property in order that the debtor received the sharecropping due in process inventory and , consequently , had assets to pay back debts .
Illegitimacy active
The judgment dismissed the case without resolution of the merits, on the grounds of illegitimacy enables the author to claim the recognition of stable union between a defendant and third .
The judgment of appeal reached the same conclusion : " There is endowed with legitimacy ad cause to propose action recognition stable combined with sharing a creditor of the cohabitants . "
The STJ , the lender alleged violation of Article 3 of the Civil Procedure Code ( CPC ) . He said he would be interested and entitled to bring the action because the debtor was concealing the union , not enabling in inventory mate exactly to prevent the amount due was pawned .