The Legal Business Of Equal Marriage

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The legal business of equal marriage

A legal business is one or more will recognitions aimed at achieving a purpose recognized by the legal system.

For a legal business to be existing, it needs to be composed of the following elements:

Essential elements: all those who must necessarily compose the legal business in order to be considered legal and effective. These elements can be, the will or the full consent of establishing a certain business, cause, form and object.

Natural elements: events, technical or particular data of the business that the law considers completed in the business, except that the subject or any of the parties discard it.

Accidental elements: characterized by the situation, the term and the mode, in how many determinations of an accessory, through their own and express will of the parties, can integrate the legal business.

A clear example is reconcoming of the will of the spouses by marrying.

Marriage is the legal alliance of two individuals of the same or different sex, for the full and permanent community of existence. In civil law, marriage is a legal business of family law.

A Constitution when entrusting to the legislator the creation of norms that govern marriage, should not exclude rules that define the coexistence of a different couple than those that have been so far, therefore there is the possibility of new ways of emotional relationships.

As we see in the example, marriage is considered a legal business, so that this happens, it is necessary that the declaration of will have the same content, that is, if one of the parties declares something different from what he is thinking (simulation),It is a probable casual for the total nullity of consent, in the same way it declares a will without knowing its content, a house of nullity can be the same.

Institutionally, equal marriage transcends beyond simply voluntary acceptance, this means that it is not only a legal business. The truth is that, it goes beyond the legal orbit, mainly because they do not have the autonomy of disposition in reference and in the background, in the same way in relation to the dissolution, its legal emancipation is properly sectioned to the celebrationor not of marriage. Another reason is that the creation of marriage includes social, cultures and religious spaces, in this way after its celebration gives part to a basic and primary creation of what is known as family society.

It is believed that marriage is legal business and therefore an institution at the same time. Therefore, from a formal perspective, effects are granted from the legal system, in the same way it grants formalities, but what is most relevant a series of essential, natural and accidental elements, it is completely clear that without these elements it would not be validnor any efficacy the marriage business in a legal field. From another criterion, the marriage business has an institutional side, this is because the parties do not express their will in front of a judge or public notary, what they really are is constituting their own life project.

After the celebration of the marriage complying with the elements or requirements for its legal constitution in the form and in the background, the corresponding law grants some effects personally and patrimonially. Starting from the former, it is understood with several aspects, the marital status has married, an obligation of food, commitment to help and relief and the obligation of room is established. These obligations or commitments are born and are preserved from the moment of the celebration until the day of the death of any of the parties, the measure of dissolution of mutual agreement or discussor is known as divorce.

That is, the most essential and primary effects when marriage is celebrated is the birth of legal life.

For this reason it is established that the statements are of their own will, and have the same content. The legal business cannot be subject to a condition, expression or mode, since it is about establishing a full legal business, effectively from the beginning of its celebration.

The relationship as a couple between people of the same sex settled in the feeling has been a center for progressive social recognition and approval, thus exceeding innumerable damages and stigmatizations. They admit such coexistence in a couple without difficulty that is a means by which the personality develops a large majority of people, a relationship through which economic and emotional support are demonstrated with each other, without further effectiveness that has a place in an exact relationship in an exact relationshipprivate.

The absence of the legal business occurs when any of the essential elements is missing, on the other hand it will be considered void when, assuming real existence, it affects a certain legal prohibition, the non -existent business differs from the null because it is not suitable for validation, conversion, conversion, conversion,and does not achieve the positive effects of total nullity.

The most characteristic issue in reference to equal marriage has been of great relevance in different countries due to several uncertainties in terms of law, because for approval several laws have been modified, which still have lagoons or empty in terms ofYour legislative interpretation. In addition, the social issue has also put against the regulation of said legal business, based on the fact that the family can get to lose reproductively, it is well understood that they have the option to adopt, but sexual reproduction would fall significantly.

Going up years ago, the law has been responsible for legalizing legal figures, the coils are delegates to create guidelines in reference to a primary institution of society in this case refers to the family, so it covers the marriage. Unfortunately this image was only created, in its celebration and causes for heterosexual couples, therefore couples with another sexual orientation had no place for these legal elements accepted to legalize or formalize their affective relationships, so they did not haveaccess to the personal and patrimonial effects that contracts when this union.

In that years the most relevant important argument for the discrimination of these couples, wrapped the religious issue, since they thought that the divine commandments must be fully fulfilled and literally. This was a measure implemented to prevent these couples from displaying throughout society.

The fundamental ciones recognized as they are, human dignity, equality, and the most importantIn front of the rest of society.

This is why homosexual couples through the exercise of the right to justice have achieved very relevant processes in terms of constitutional matter, which has been able to obtain recognition of their rights, such as the celebration of marriage, IRto the centers of imprisonment in quality, the pensions by survivor, and many more. But it has been evidenced that the legal system established an egalitarian framework, which was not immutable to everything. So the different courts have been obliged to utter sentences, in order to close the dispute in relation to the rights of these same -sex couples and can hold civil marriage.

We can note that over the last 5 years homosexual couples have been able to obtain more and more specifically recognition of their essential rights discussed in this issue, we talk about free personality, equality, human dignity without mentioning others more. It should be noted that the sentences that have issued the Cortes in several countries allow to integrate these people of the same sex the health systems benefiting their permanent classmates, they can also have access to the pension by survivor in the same way and with thesame requirements of a heterosexual couple without any inconvenience.

Currently in Panama the Human Law Commission will have a public hearing to address the issue of equal marriage. Through this hearing, their defenders may have the opportunity to explain to a public member why they consider them to strip them of equal access are violating their human rights. In Panama these couples have been waiting for this moment for a long time in which they have introduced judicial resources against the family code exactly against article 26 and article 34, which govern that marriage must be composed of people from differentsexes, but they have not had an answer yet.

International human rights establish as illegal discriminate against people of the same sex giving them a different treatment than heterosexual people including equal marriage. The Inter -American Court of Human Rights has expressed that the rights of the family of couples of different sex should be applied to those of the same equal.

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