Family Law in Ancient and Current Society
The family is the main cell of society, or said in your words, it is the fundamental basis of the construction of society, so the right considers the utmost importance to dedicate a specific study to the family and its effects within the legal world, byWhat emerges family law, such as that specialty that studies their own links between people known as family members and the links legally acquired as adoption, marriage, de facto union, among others.
These family relationships or links are important in the legal world since as we mentioned the family is the core of society and it is of this that the first norms that human beings must follow, in addition in cases of successions the family relationship is important becauseWhen a person dies and has assets, it is the family that is considered first hand to inherit these goods and if he has been married, it is the surviving spouse who receives the property of the deceased;And so on other legal issues such as contracts.
Developing
The family of ancient society, in addition to being the organized nucleus that allows the continuity of the species, was also the main cell of economic production and support of an important portion of the population and was, likewise, the system that allowed to maintainand transmit the knowledge and culture of the group, so it is quickly transformed into a religious scheme, where all its members are linked by their devotion to general deities, as well as their own deceased predecessors who have acquired the character ofguardianship gods. (Medina Pabón, 2008)
It is important within family law to know that it is kinship, in order to have a clearer idea of all matter, so we say that kinship is that relationship between people who share a family bond, and therefore a relationshipLegal before the law, this relationship may be due to blood ties or consanguineity.
The political ties that arise with the marriage between the relatives of the spouse to these are known as relatives by affinity and as the last kinship we have the civilian, which is one that occurs only in adoptions, this means that when he adopts still son, this becomes a civil relative, but has the same rights and obligations as a biological child, so there is practically no distinction.
This connection as established in our Civil Code can be measured in degrees and can occur directly and indirectly or collaterally, it depends if the origin is direct or indirect;such as in the case of parents and children because there is a direct origin the son and the father, and therefore the collateral line is one in which the origin is indirect, that is, they come from the same common trunk but not in a waydirect as in case of uncles and nephews.
Marriage is one that begins with the union between two people who seek to live together and acquire responsibilities and rights with each other, one of these is to establish the conjugal society, which is nothing other than an institution in which the assets of the twohusbands become a single heritage.
When the moment that the solemn contract of the marriage concludes, the spouses become called as spouses, and acquire commitments and duties with each other, which must be fulfilled, since being the marriage a contract has the same characteristics as any other contract, that is,, that the parties force each other to do and not do, in regard to the obligations they acquire with marriage how to help each other.
The spouses, at the time of celebrating the marriage, must declare in writing before the judge, what is the regime to which the assets and rights of which they own, as well as those who acquire in the future;To do this, they must submit, together with the application for marriage, an agreement or agreement in which the way in which they will administer and dispose of said goods and rights will be established, they will enjoy,. (Pérez Chávez & Folguín, 2012)
The marriage can end or dissolve for several causes and one of these is divorce, in which the two people can agree on the separation or in which one of the parties is not in accordance with the Union or because there are no requirements of themarriage and therefore you can ask for divorce from your spouse, this is known as a divorce by causal.
The marriage affects several aspects referring to the civil status of people, since in addition to giving birth to the state of spouses, it causes kinship by affinity (between each of the spouses with the relatives by consanguinity of the other), and with respect to theprocreated children, these will have the marital or legitimate civil status. (Vidal, González Piano, & Howard, 2017)
The divorce by mutual agreement or by mutual consent is the one that ends the marriage bond, from the will of the parties, which in this case are the spouses, definitively separating their life in common and if the property is the case
Divorce by mutual consent by not containing events related to the litigious field, that is, they are not controversial, it can be requested before a public notary.
In this way of canceling the solemn contract of marriage, it allows spouses to directly express their consent before the competent or notary public authority, without the need to have the sponsorship of a lawyer
When the divorce occurs, there is also the dissolution of the conjugal society that said in other words is the termination of this and after this the liquidation of it must be given, the liquidation is nothing more than to make an inventory of the goods thatThey are within the conjugal society to distribute it equally to the two spouses.
In other words, this society is divided and goes from being a joint assets to belonging to those who make itFollow married, this can be for some situation like one of the spouses exercises a public office.
The fact that the patrimonial legal system of marriage is docile to understand and worse to handle does not exempt us from the task of presenting it with the necessary detail, which already implies taking sides by one of the multiple theories that have been formulated weWe incline to the idea that in our law society was born with marriage and remains with it, not only for worshiping article 180 of the Civil Code, but because it seems incomprehensible that from nowhere it is born a social credit at the time of theLiquidation without at the same time there is a transfer of the heritage of the spouses as there is social, and that the social mass can end up affected by obligations that had never existed in the past, such as the rewards that society owes to the spouses (Medina Pabón J. AND., 2014)
In order for the dissolution of the conjugal society to beYou can perform by judicial process or by notarial process.
Apart from the conjugal society, the married can establish a family heritage with their assets in orderexceed 48 thousand dollars and a percentage for each child.
Within the family the children are under parental authority or said in other words under the care of parents until they are able to stay and care for themselves, this normally occurs when fulfilling the age of majority, since at least legallyAt 18, the person is considered adult and legally capable, that is, there is a legal emancipation.
The de facto union is a legal figure, this;It is a union between two people who intend to live together and share their lives, this contract is made before a public notary and has the same effects and rights of marriage.
The stable and monogamy de facto union of more than years between a man and a woman free of marriage bond, in order to live together, procreate and help eachBallesteros, 2019)
It can be determined that there was a de facto union with a sworn statement made in a notary where two test witnesses will witness about the veracity of the facts.
The inclusion of in fact families or concubinary unions in the concept of marital status can be discussed, as long as the figure does not cause several consequences of those that occur with marriage;For example, they do not create kinship due to affinity, because the link they generate is only among those who join as a couple. (Vidal, González Piano, & Howard, 2017)
The de facto union dissolves with a request to the public notary, since things in law as well as are done.
To expand a little more the understanding of the concept of the union of fact Pabón says that:
As for the de facto union with multiplicity of any of the subjects, it is not commenting in our environment that adopts the form of a family, in the sense of staying several women in a single home with the male;However, the situation of a man with two or more women in independent homes is frequently given, although with the necessary permanence and exclusivity to consider that it is a form of polygamy (I am not aware that this case occurson the contrary), which can be adulterine when anyone has a current marriage. (Medina Pabón, 2008)
Marriage capitulations are clauses that are included in the solemn contract of marriage as agreements previously established by the couple to contract the marriage, referring to the goods and the administration of the same
Marriage capitulations are those pacts or consensus to which the spouses reach with the reason for the conclusion of the marriage contract and said consensus are generally related to the economic regime of the couple, product of their union as spouses
Conclusions
Family law studies marriage and union, since it is one of these that the family and the links that are recognized as children and other relatives arise, these are important within the law, in several aspects, as forexample in the duties and rights that parents have regarding their children, or the duties and obligations that spouses have each other.
Family law is very important for its study because it serves to protect the rights of the primary cell of society, it is worth mentioning that people who are added to the "family" either by affinity or adoption have, the same rights and obligationsthat a relative of consanguineous
Family law is important because when dealing with everything related to the relative issues of the family, it provides protection to it, in the sense of generating rights and obligations which allow an adequate development in family relationships.
Family law is constituted by norms that fundamentally deal with marriage that is the beginning of family relationships, it also treats issues related to affiliation, which is that relationship of kinship that is acquired with marriage in relation to the spouse’s family, therefore they are part of this family right, those rights and obligations that are born from marriage and affiliation
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