Bibliographic citations
Miguel, D., (2018). El derecho de opción del régimen patrimonial en las uniones de hecho reconocidas judicial y notarialmente [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/4142
Miguel, D., El derecho de opción del régimen patrimonial en las uniones de hecho reconocidas judicial y notarialmente [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2018. https://hdl.handle.net/20.500.12759/4142
@misc{renati/377370,
title = "El derecho de opción del régimen patrimonial en las uniones de hecho reconocidas judicial y notarialmente",
author = "Miguel Saldaña, Diana Pamela",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2018"
}
Talking the formation of a family, the institution of marriage comes to mind, however, today there is more coexistence in our society than marriage, so it has been necessary to safeguard the rights of this type of family, as it is a obligation of the Peruvian State to approve protective legislation for the non-marital family. This means that the recognition of the de facto union as a family requires a law of constitutional development that regulates the personal and patrimonial effects of coexistence. In the present investigation we will talk about the current regulation of the patrimony regime of recognized de facto unions, with this, the theme of the family and the way in which they are currently constituted will be discussed, focusing on the de facto unions and the rights granted in these in equating to the rights granted to the marriage. In this sense, we will see that in the matrimonial property regime the right of choice of the future spouses is protected, because upon marriage, the spouses have the right to choose between the community property regime and the separation regime. of assets, however, for recognized de facto unions are restricted this right to be imposed only a single regime that is that of the community of acquisitions, even if they voluntarily attend the judge or the notary in order to recognize their coexistence. Being in this scenario, a violation of the right to choose and autonomy of the will of the cohabitants is clearly visible, since they are being prevented from choosing the patrimonial regime they wish to accept as a family, taking into account that the Peruvian regulations , regulates two patrimonial regimes for marriage, thus, it is imperative and necessary to regulate the option of the patrimonial regime for de facto unions that allows the cohabitants to choose their patrimonial regime and thereby safeguard the rights of the family type of the fact unions.
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