Falencias del régimen legal colombiano en las uniones maritales de hecho
Solano Bent, Darwin
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Citar con el siguiente link: http://hdl.handle.net/11323/989
Abstracta law office on the violation on the part of the legislator of the essential rights dedicated in the political Constitution in his articles 12 and 42, which are the right to the Equality and the family concept; of that he turns out to be like harmed direct the permanent companions In the accomplishment of the present investigation I use the deductive method, departing from a global vision, with the final intention of coming to conclusions and premises of particular character since it is the current situation of the Marital Unions of Fact in Colombia. In turn the source that was used, was secondary, where we use records, writings, which were coming also from a contact with the reality, which they have been gathered and tried often by investigators. Inside the following work there are analyzed the figures that stem from the Article 42 of the national constitution that they refer to the family concept that is the core of a society, since they it are Marital Unions of Fact, Marriages, happening for current topics as Marriages Gays and his treatment in different countries. Chord with with a view to Family, we analyze simultaneously the concept of equality, his scopes and his limits, for this way, to have certainty on which rights and obligations stem from any of these figures and in turn have legal arguments at the moment of demanding from himthe juzgador that does a pronouncement to itself. On the other hand there is done a deep study of all the legislation that in Colombia One has Given with relation to these topics, departing from the Law 54 of 1990 it was the first one in regulating the Marital Union of Fact in Colombia, but that in turn left many emptinesses in the matter, since they it were the way of proving it and the patrimonial rights of the permanent companions; hislater modification analyzes, that is to say, the Law 979 of 2005 that establishes a few agile mechanisms to demonstrate the marital union of fact and in general to try to fill the emptinesses that the initial legislation leaves. It is not also my idea repeats each of the topics treated along this work, but there are some general aspects on which I consider necessarily to do emphasis, in such a way that the concepts formed of the development of this investigation are synthesized here. There has not been given him to the Marital Union of Fact the importance that it is required; if we bear in mind that in full 21st century this type of relations increase every day mas, we cannot agree to believe that alone when they are in game interest economic really big will cost a sorrow to deal with this type of links. It becomes indispensable for those who use this figure that if what they want is that they of a treatment similar to that of the marriage, it is necessary at the time to promote a legislative reform that overcomes the lacks that the law leaves 979 of 2005 us that I reform the law 54 of 90; That generates inconformity with those that must surrender to his regulation and, which is worse, in that in conformity with the justice they have mas rights that any other one for expiring in end with the requirements contemplated by the legislator, but that must surrender for him this regulation does not turn out to be applicable according to the jurisprudence.