Bibliographic citations
Linares, Y., (2015). Reconocimiento judicial de las uniones de hecho strictu sensu con elemento temporal menor de dos años de vida común [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/2263
Linares, Y., Reconocimiento judicial de las uniones de hecho strictu sensu con elemento temporal menor de dos años de vida común [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2015. https://hdl.handle.net/20.500.12759/2263
@mastersthesis{renati/376022,
title = "Reconocimiento judicial de las uniones de hecho strictu sensu con elemento temporal menor de dos años de vida común",
author = "Linares Cruzado, Yesenia del Rocio",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2015"
}
Presently investigation work has as main objective to determine the personal and patrimonial juridical effects of the recognition of the unions in fact strictu sensu whose temporary element is smaller than two years of common life by the light of the national doctrine and jurisprudence and the compared right. For the realization of the present investigation work we have analyzed the national doctrine and compared on relating matters to the family, the concubinage, normative hierarchy, that which has served us as base for the elaboration of our instruments of gathering of data of our field work, for that which we apply a social, indirect observation and non participant, the application of an interview to the specialist magistrates in the right of family, likewise everything executes it to it in the mark of the scientific method, as well as the analysis methods or synthesis, the comparative one, the hermeneutic one juridical, the descriptive statistic that which has facilitated the execution, prosecution of data for their ulterior writing. Among the most important results in our investigation work it is that the stage of gathering of data has found files, to be precise sentences that have granted the recognition from the state of coexistence to those concubinos that have not reached in common the 2 years of life, that which this aided in that specified by the art. 5º of the Political Constitution of the Perú that it repeals to that prescribed in the Art. 326 of the Civil Code; equally in the judicial practice the juridical effects that are looked for with the declaration of the state of coexistence are of patrimonial nature (division and participation of a very social one and the pension of widowhood of the concubino survivor for the AFP) and as for the belongings it is it of uncommon and alone it would proceed in the event of the spouse's survivor that the law recognizes him for 3 months foods, since the law doesn't recognize him behind effects and much less the successoral ones.
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.