The fresh new Municipal Password out of Puerto Rico: Organization out of Nearest and dearest

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The fresh new Municipal Password out of Puerto Rico: Organization out of Nearest and dearest

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

Same-sex , following the Finest Court of your own United states ruling in Obergefell v

Which Alert particularly details the The college out-of Family members. Listed here are a few of the trick alter of your own The latest Code:

Under the New Code, the term “marriage” is defined as a civil institution arising from a civil contract by virtue of which a few natural 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.

Article 402 of the The newest Password states you to definitely a girlfriend dont portray another partner until expressly authorized by the told you almost every other partner, official expert or laws. Although not, it is undecided in the event the Post 402 allows a wife in order to in person represent this new conjugal commitment (“sociedad judge de- bienes gananciales”) to which he/she belongs since it doesn’t particularly address this problem. Within the Earlier in the day Password, sometimes spouse you’ll directly depict the conjugal commitment constituted by the her or him.

Hodges, hence kept same-sex matrimony 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 not as much as 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.

Article 410 of one’s The brand new Code sets a law regarding limits to own wedding annulment strategies. This short article set that if, during the time of new composition of your own relationship, the cause of annulment is identified because of the each other partners otherwise because of the the partner legitimized so you can file the action, the fresh annulment action should expire 12 months following the formalization out-of the wedding. When your reason for annulment is known following the formalization, the newest law out of limitations will start to work at due to the fact bring about out-of annulment is well known.

Pursuant so you’re able to Post 416 of The brand new Code, inside a wedding annulment action the fresh spouse whom acted when you look at the a great trust are now able to discover settlement when it comes to problems and you may/otherwise losings he/she sustained as a result of the misleading methods (actuaciones dolosas) of one’s almost every other lover. So it claim must be elevated when you look at the e view which the fresh judge annuls the wedding.

The fresh Code removes a number of the grounds for separation you to definitely already exist beneath the Early in the day Code (e.grams. cruel cures, abandonment, adultery and breakup). As an alternative, Article 425 of the The brand new Password comprehends next grounds for divorce:

  1. Mutual agree; and you can
  2. Irreconcilable variations
  3. This soil allows a court to decree a divorce case although you to spouse opposes they.

Pursuant in order to Post 476 of your own This new Code, whenever allocating the average assets of the dissolved relationships, all former spouses may allege a great preferential allowance away from the new quarters hence, at the time of dissolution, constitutes area of the family of your ily. When giving which request preferential allotment, the courtroom need certainly to imagine per previous wife or husband’s possibility of acquiring their/her very own household, the clear presence of most other functions among the many ong most other issues.

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