This is the third of eight Alerts on the recently enacted Civil Code of Puerto Rico (the “This new Password”), which will repeal the current Civil Code of 1930, as amended (the “Earlier in the day Password”). The New Code becomes effective on .
Same-gender , following the Ultimate Courtroom of your Us governing within the Obergefell v
This Aware specifically contact the brand new The institution of Relatives. Listed here are a few of the secret alter of the The fresh Code:
Under the New Code, the term “marriage” is defined as a civil institution arising from a civil contract by virtue of which two sheer 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.
Post 402 of one’s The fresh new Password claims you to definitely a partner you should never portray additional companion until explicitly licensed because of the told you almost every other lover, official expert or legislation. However, it’s undecided when the Blog post 402 enables a partner so you can myself show the fresh new conjugal connection (“sociedad legal de- bienes gananciales”) that the guy/she belongs whilst will not especially address this matter. According to the Earlier Password, possibly mate you will definitely individually represent brand new conjugal connection constituted because of the them.
Hodges, hence stored same-gender wedding restrictions 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 your The fresh new Code establishes a law regarding restrictions to own matrimony annulment steps. This short article set if, during the composition of marriage, the cause of annulment are recognized by each other partners or from the brand new mate legitimized to help you file the action, the brand new annulment action will end 12 months following formalization of the marriage. If for example the factor in annulment is well known following the formalization, the law of restrictions will beginning to manage as trigger of annulment is famous.
Pursuant to help you Article 416 of one’s Brand new Password, inside the a wedding annulment step the brand new partner exactly who acted within the a beneficial trust may now receive settlement the damage and you will/otherwise loss he/she sustained considering the misleading actions (actuaciones dolosas) of the most other companion. So it claim have to be raised within the e judgment wherein the brand new courtroom annuls the marriage.
This new Code takes away a few of the known reasons for divorce or separation you to currently can be found underneath the Previous Code (e.grams. horrible treatment, abandonment, adultery and breakup). As an alternative, Blog post 425 of one’s The newest Code recognizes the second cause of divorce:
- Common concur; and you may
- Irreconcilable differences
- That it ground lets a courtroom so you can decree a split up whether or not you to definitely lover opposes they.
Pursuant so you can Post 476 of your own The brand new Password, whenever allocating the common assets of the dissolved matrimony, the former spouses get allege a beneficial preferential allotment out of the fresh house which, in the course of dissolution, constitutes part of the household of ily. Whenever granting so it obtain preferential allotment, the fresh legal need certainly to believe for each and every former partner’s likelihood try here of obtaining his/her own home, the current presence of almost every other qualities one of many ong almost every other affairs.
