Capitulaciones matrimoniales: ¿Modificación, sustitución y eliminación del régimen económico del matrimonio?
This paper presents the theoretical advances of the research project entitled The celebration of capitulations in the de facto marital union. It seeks an answer to the legal and jurisprudential problems if the economic system of marriage can be modified, replaced or excluded through the covenant cap...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Manizales (UManizales): Centro de Investigaciones Socio-Jurídicas de la Facultad de Derecho
2011
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=4089390 |
| Source: | Ambiente Jurídico, ISSN 0123-9465, Nº. 13, 2011, pags. 239-255 |
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| Summary: |
This paper presents the theoretical advances of the research project entitled
The celebration of capitulations in the de facto marital union. It seeks an answer
to the legal and jurisprudential problems if the economic system of marriage
can be modified, replaced or excluded through the covenant capitulate.
We used a descriptive type of research design literature, whose main sources
were the doctrine and case law, which established that while the Colombian
legislation identifies the capitulations as those that hold two people before
marriage, on the contribution property, grants and donations that want to do
each other in this or future jurisprudential pronouncements routed their decisions
to the possibility that through them you can prevent the birth of a marital
property. However, in comparative law other is the scenario: the business
chapter, which can be performed before and after the celebration of marriage,
to modify, replace or exclude property regime and may refer not only economic
aspects but also personal, and all on the basis of private autonomy and
the mutability of the marriage property regime. |
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