Bibliographic citations
Chiroque, A., (2021). Regulación legislativa del régimen de separación de patrimonios en los concubinos en el Código Civil Peruano de 1984 [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/7691
Chiroque, A., Regulación legislativa del régimen de separación de patrimonios en los concubinos en el Código Civil Peruano de 1984 [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2021. https://hdl.handle.net/20.500.12759/7691
@misc{renati/371907,
title = "Regulación legislativa del régimen de separación de patrimonios en los concubinos en el Código Civil Peruano de 1984",
author = "Chiroque Castillo, Arianna Haydee",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2021"
}
The research work that we present, entitled “Legislative regulation of the regime of separation of patrimonies in the concubines in the Peruvian civil code of 1984“ deals with a problem that has been, in some way, only touched on a doctrinal level; until not long ago Resolution No. 993-2019-SUNARP-TR-T was issued; Now, how new is this registration resolution; Well, this statement was the one that, for the first time, in our country, addressed the issue that we are now working on at the casuistic level; Well, it was this that opened the gap so that the concubines could register the modification of their patrimonial regime, from one of the property society to a different regime, such as the separation of patrimonies, which would lead to maintain that the topic that we bring today A collation is of great interest to our national law. It should be noted that, in the aforementioned resolution, the Registry Court stated verbatim that: “(…) both the Political Constitution of Peru, the Civil Code, TUO of the SUNARP, and the Property Regulations, do not prevent or limit the requested registration. (...), having to apply the analogy in the acts of disposition of the interested parties (substitution of patrimonial regime, analogy marriage / de facto union), (...), there is a violation of the right of choice and the autonomy of the will, to the restricting this right to de facto union, this being also a family institution protected under the full protection of the Constitution. For this reason, in this thesis we have posed as a research problem whether there is a legal possibility that concubines can choose a regime of separation of assets, in the Peruvian legal system ?, posing as a hypothesis that Yes it is possible, already that the wording of article 326 of the civil code and article 5 of the Constitution do not expressly prevent said possibility at all, in addition, taking into account that concubines already enjoy various rights similar to those of a marriage, nothing prevents them from also being granted said possibility, in addition, taking into account that there is already a registry precedent.
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