Bibliographic citations
Benites, Y., Chávez, R. (2021). La equiparación del régimen de separación de patrimonios reconocido en el matrimonio a las uniones de hecho [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/20223
Benites, Y., Chávez, R. La equiparación del régimen de separación de patrimonios reconocido en el matrimonio a las uniones de hecho []. PE: Universidad Nacional de Trujillo; 2021. https://hdl.handle.net/20.500.14414/20223
@misc{renati/1043059,
title = "La equiparación del régimen de separación de patrimonios reconocido en el matrimonio a las uniones de hecho",
author = "Chávez Caciano, Renzo Gino",
publisher = "Universidad Nacional de Trujillo",
year = "2021"
}
ABSTRACT The purpose of this research work is to determine whether or not there is a violation of the patrimonial regime of de facto unions, recognized constitutionally, by equating the application of the regime of separation of patrimonies established in marriage. In our Civil Code we find the regulation regarding the patrimonial regime of the matrimonial institution, whose legal provisions allow the spouses to choose freely, before marriage, by the joint property regime or by the separation of patrimonies, likewise, it empowers them to substitute one patrimonial regime for another, during the validity of t he conjugal bond. In our Civil Code we find the regulation the patrimonial regime of the matrimonial institution, whose legal provisions allow the spouses to freely choose, before marriage, by the joint property regime or by the separation of patrimonies, likewise, they are conferred the power to substitute one patrimonial regime for another, during the validity of the conjugal bond. On the other hand, analyzing the figure of the de facto union, from a constitutional, legal and doctrinal point of view, it is noted that, it is granted legal effects in the patrimonial field, expressly recognizing to this institution a patrimonial regime of the community of property, in as applicable. Regarding this phrase "as soon as applicable" it should be noted that it refers to the fact that not all the causes of death of the joint property company provided for in article 318 of the Civil Code will be applicable to de facto unions due to their nature, such as invalidation of marriage, separation of bodies or divorce; However, there is no rule that prohibits the application of the cause of change of patrimonial regime to de facto unions, since our Political Constitution does not proscribe its application and, even more, it establishes the principle of family protection, same as recognizes the de facto union as a source of family generators deserving of the same protection and rights that the State grants to marriage. In the same way, by virtue of the fundamental right to equality, a normative differentiation in the face of equal legal situations is not admissible, and as can be seen, the factual assumptions of the norms that regulate conventional and judicial substitution are equivalent both in the marriage as in de facto union. It is for this reason that this equating of the patrimonial regime of separation of patrimonies to the de facto unions both in their election and in the substitution is based on the constitutional principles described above together with the value of justice.
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