La estructura familiar del concubinato: un reconocimiento jurisprudencial en Colombia
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Date
2018
Journal Title
Journal ISSN
Volume Title
Publisher
Corporación Universitaria Lasallista
Abstract
Introduction. The family is considered as an
institution in constant change. In spite of this, the
legislator intends to maintain its structure from a
religious, traditional, conservative, matrimonial
perspective and based on monogamous and
heterosexual couple relationships. However, social
and cultural manifestations have achieved the
recognition of family structures different from those
regulated, in application of the principles of
equality and equity, and in guarantee of patrimonial
and personal rights, as in the case of concubinage. Objective. Establish the
development and jurisprudential evolution in
Colombia of the Supreme Court of Justice and the
Constitutional Court that led to the concubinage
from illegality to its recognition as a family structure
with legal protection. Materials and methods. The
jurisprudence on the concubinage of both Courts
was reviewed and classified into three categories:
those that began to recognize it as a family and
established requirements for it, those that changed
these requirements and those that established
differences with the marital union in fact. Research
result: It demonstrates how to change from an
illegal situation to a family structure with legal
recognition, although not legal and, once again,
how family law in Colombia is ineffective when
recognizing the personal and patrimonial rights
that derive from emerging family relationships.
Conclusion: The results are framed in the current
discussions of the social sciences on the family as
an institution in permanent change, without
implying that it is in crisis, because it is an
understanding from the ends, roles and functions
that the family fulfills in society and not from its
structure.
Description
Keywords
Corporación Universitaria Lasallista, Concubinato - Colombia, Familia, Familia - Aspectos sociales, Relaciones familiares, Estructura familiar
Citation
Revista Lasallista de Investigación Vol. 15 N. 1