Mary Isabel Bajonero Manrique
DOI: 10.59427/rcli/2023/v23cs.1043-1048
The facto unión is an ancestral institution that even precedes marriage, both institutions give rise to the family with similar purposes, and as such receive constitutional recognition and protection; however, the regulatory treatment relating to the economic regime established for each legal institution, is not consistent with the purpose they pursue; since in marriage the spuses can opt for either the property separation regime or the community property régimen, while in the facto unión it only gives rise to a property partnership that is subject to the community property régimen. In this article, the autor makes a philosophical ius comment related to the arguments that support the exclusivity of the régimen of separation of assets in its application only to marriage, discriminating its normative application in the common-law unión, supporting and proving its regime of incoherence and Contravention of the main currents on the matter.
Pág 1043-1048, 14 Jul
