Compensaciones económicas en el derecho familiar argentino

This article studies the constitutional principles that stablish economic compensations, which is an important incorporation in family law (civil law) of the new Argentine Civil and Commercial Code. It is intended in case of divorce or a halt of coexistence, when living arrangements become the cause...

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Bibliographic Details
Main Author: Molina de Juan, Mariel F.
Format: Article
Language:Spanish
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6622367
Source:Dikê: Revista de Investigación en Derecho, Criminología y Consultoría Jurídica, ISSN 1870-6924, Nº. 21, 2017, pags. 5-27
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Summary: This article studies the constitutional principles that stablish economic compensations, which is an important incorporation in family law (civil law) of the new Argentine Civil and Commercial Code. It is intended in case of divorce or a halt of coexistence, when living arrangements become the cause of a manifest economic imbalance, as a consequence of a marriage rupture. The development of the article postulates that the institution is based on three essential pillars: the autonomy to decide on specific the life project that each one desires; family solidarity that implies cooperating with each other in reaching a common goal as a couple: and equal opportunities among spouses and cohabitants. The dynamic interaction among them justifies the norm and the incorporation of such to Argentinian Law, allowing a gender perspective.