The newest Municipal Password of Puerto Rico: Establishment from Family

This is the third of eight Alerts on the recently enacted Civil Code of Puerto Rico (the “The fresh Password”), which will repeal the current Civil Code of 1930, as amended (the “Previous Code”). The New Code becomes effective on .

Same-sex , pursuing the Ultimate Legal of your You governing in Obergefell v

So it Aware particularly address contact information the brand new The school out of Members of the family. Listed here are some of the key transform of the The brand new Code:

Under the New Code, the term “marriage” is defined as a civil institution arising from a civil contract by virtue of which several pure individuals oblige each other to be spouses. This definition was amended to substitute the words “man” and “woman” with “two natural persons” and thus comply with the Obergefell ruling.

Blog post 402 of your The latest Password states you to a partner do not represent another spouse unless expressly authorized by said other lover, official expert or legislation. not, it’s unsure in the event that Post 402 enables a wife so you’re able to personally portray new conjugal connection (“sociedad legal de bienes gananciales”) to which he/she belongs because it will not specifically Zdroje address this matter. In Earlier in the day Code, possibly mate you will directly depict new conjugal relationship constituted from the them.

Hodges, and this kept exact same-sex relationship prohibitions unconstitutional

Under the New Code, the age of majority remains unchanged at 21. Consequently, the New Code stipulates that in order to get married, a minor who is 18 years old needs the authorization from: (i) parents with parental authority; (ii) a guardian or (iii) the court. In contrast to the current rule of law less than the Previous Code, the New Code does not recognize any instance in which an 18 year old minor may marry without authorization.

Further, even though the New Code expressly prohibits marriage by minors under 18 years of age, Article 409 of the New Code establishes that the marriage of a minor who has reached the age of 18 and marries without the corresponding authorization may not be contested if one of the spouses is pregnant or the child of both spouses is born.

Blog post 410 of the The newest Password kits a law off restrictions to own matrimony annulment strategies. This informative article establishes that if, during the new composition of your own relationship, the main cause of annulment try recognized by the one another spouses or from the the fresh companion legitimized to help you file the experience, this new annulment step shall expire 12 months adopting the formalization out-of the wedding. If your cause of annulment is known after the formalization, the new law out of constraints should start to focus on while the result in from annulment is well known.

Pursuant to help you Article 416 of Brand new Password, inside a marriage annulment action the new partner who acted in an excellent believe is now able to receive compensation when it comes to damages and you may/or losings the guy/she sustained due to the deceptive methods (actuaciones dolosas) of the other partner. This claim must be raised from inside the age view which the latest court annuls the marriage.

The fresh new Password takes away a number of the reasons for divorce case that already are present underneath the Prior Code (age.g. vicious medication, abandonment, adultery and you may separation). Instead, Article 425 of your own The brand new Code understands next reasons behind divorce:

  1. Shared concur; and
  2. Irreconcilable distinctions
  3. It crushed lets a judge so you’re able to decree a breakup though you to definitely spouse opposes it.

Pursuant so you’re able to Post 476 of Brand new Code, whenever allocating the common assets of dissolved relationships, the former spouses may allege a good preferential allocation away from the quarters and that, during dissolution, constitutes a portion of the household of your own ily. When granting which ask for preferential allocation, the brand new legal need consider for each previous partner’s possibility of acquiring their/her own home, the presence of almost every other properties among the many ong almost every other products.

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