New Municipal Password off Puerto Rico: Facilities out-of Family unit members

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New Municipal Password off Puerto Rico: Facilities out-of Family unit members

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

Same-gender , following the Ultimate Judge of your own All of us ruling in Obergefell v

It Alert specifically addresses the new The school regarding Relatives. Below are a number of the secret alter of the The fresh new Code:

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

Article 402 of The fresh new Password claims you to definitely a girlfriend you should never depict additional mate unless of course expressly signed up because of the told you other mate, judicial expert or legislation. Although not, it’s uncertain if the Article 402 allows a girlfriend so you’re able to individually portray the fresh new conjugal commitment (“sociedad courtroom de- bienes gananciales”) to which he/she belongs as it cannot specifically address this matter. Under the Earlier in the day Password, possibly spouse you’ll yourself show the brand new conjugal relationship constituted by her or him.

Hodges, and that stored same-intercourse 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 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.

Blog post 410 of your own The fresh Code kits a law out of limits for wedding annulment tips. This article sets that in case, during the brand new constitution of one’s relationship, the cause of annulment is understood because of the each other partners otherwise because of the the newest lover legitimized so you can file the action, the brand new annulment action will end one year after the formalization of the marriage. In case your reason for annulment is well known following the formalization, new statute away from limits shall begin to focus on since end up in off annulment is well known.

Pursuant so you can Article 416 of your This new Code, inside a wedding annulment step the brand new spouse exactly who acted from inside the a faith can receive compensation when it comes to damages and/otherwise losses he/she sustained considering the misleading tips (actuaciones dolosas) of other mate. Which claim must be elevated during the elizabeth view wherein the latest courtroom annuls the marriage.

The newest Password removes a number of the reasons behind separation one to currently exists under the Past Code (age.grams. horrible medication, abandonment, adultery and you may break up). Alternatively, Blog post 425 of your own This new Password recognizes another cause of divorce:

  1. Common concur; and you will
  2. Irreconcilable distinctions
  3. Which crushed allows a courtroom to help you decree a divorce case even when one companion opposes they.

Pursuant so you can Article 476 of the The latest Password, whenever allocating the common property of the dissolved relationships, some of the former partners may claim a beneficial preferential allotment from brand new residence and this, at the time of dissolution, constitutes area of the home of one’s ily. When granting that it request for preferential allowance, the fresh new legal need believe for each previous partner’s possibility of obtaining their/her own household, the current presence of almost every other features among ong other activities.