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Search Results
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THE NEW PRINCIPLES OF FAMILY LAW
This paper presents a critical analysis of the new principles of family law, shows the influence of Human Rights in the great transformations of family law and especially in the configuration of its new principles. Insofar, a systematization of these principles is provided, and we propose to advance in their subject matter and identify their principal manifestations in positive law.
We propose as new principles of family law: the protection of the family, the protection of marriage, equity between the members of the family (spouse and children), the protection of the weakest in the family relationships (best interest of the child and weaker spouse), free will, and finally, the principle of minimum State intervention.
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THE STATUTE OF LIMITATIONS FOR THE LEGAL ACTION TO CLAIM THE COLLECTION OF ACCRUED LEGAL ALIMONY
This paper analyzes the new art. 19 bis of the Act No. 14.908, which establishes a limitation statute rule for accrued legal alimony collection. Until before this rule came into force, the limitation statute for this action was subject under the general provisions of the Civil Code, with different solutions in some matters, according to the case law analyzed from our courts, what was intended to be improved with the new rule. However, after this revision, we observe that some doubts persist, basically in relation to the calculation of the limitation period start, its interruption, and its suspension in favor of the person receiving the support, all which we intend to clarify.
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Family, disability and succession. Some ideas for a new chilean Constitution
This paper aims to propose that the new Constitution should established in a special way the protection of minors descendants and disabled people as members of the Family. In accordance with this, and based on the existence of freedom of disposition of the deceased through the rules of succession due to death, it will be argued that restrictions on that freedom must be based not on the social function of property, but rather the protection of family members whenever they are descendants or persons with disabilities, thus justifying the transition from a forced allocation with a hereditary nature to one of a maintenance nature, as has been proposed in some compared systems.
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DAMAGES RESULTING FROM DIVORCE (DOCTRINE AND JURISPRUDENCE IN ARGENTINA)
This paper seeks to examine the scholarly and jurisprudential developments in Argentina concerning compensation for damages caused by divorce. Traditionally, Family Law was deemed impervious to the rules of tort. however, in recent years a new hermeneutic has appeared which applies the general principles of civil liability to damages arising from family relationships, and especially the losses caused by divorce.
The paper takes into account developments in case law, scholarly writing and reforms to the Civil Code and the various solutions proposed to amalgamate the particular characteristics of family relations and family law, and the changes in the framework of modern law of damages.
The paper addresses each option for liability (in contract or tort) and notes applicable jurisprudence.
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CHILDS AND TEENAGERS’ RIGHTS SPECIAL PROTECTION IN CHILEAN LAW
The current Chilean special protection system of rights of CA violates certain fundamental rights of CA, especially, their right to family life. Unlike the global trend, this system is characterized by a strong State intervention in the family sphere of CA, prioritizing the judicial intervention rather than the administrative. In addition, it has a poor regulatory framework for the measures of CA’s rights protection, given its lack of true preventive and comprehensive natures, and provenance suppositions. This system allows flaws in its operation, such as the petition of protective measures to prepare future trials of a non precautionary nature, and contrary to express provision, the issuance of measures that order the admission of CA to the residency system without specific timeframes and/or indication of the grounds and objectives of such measures. This situation is being addressed in part by a bill that seeks to establish a regulatory framework for the comprehensive protection of CA’s rights. This work confronts these criticisms with project Law and gives certain contributions to its improvement in light of modern Family and Infancy Laws.
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THE FAMILY ENTERPRISE AND FARMING PRODUCTION UNIT: CONTINUITY MECHANISMS ALLOWED WHEN THE OWNER DECEASES UNDER THE CHILEAN SUCCESSIONS LAW
In Chile, by application of the principle of intangibility in the reserve portion, the causant in the heritance has certain drawbacks to dispose of his property by will, using in some cases other kind of legal institutions, outside the legal act, in order to planning his succession.
This subject has relevance when the causant is the owner of a Family enterprise or a Farming Production unit. This work shows the different obsta- cles that the causant of the inheritance has for dispose of the economical unit in favor of a heir, in order to keep the continuity of it, which in many cases can lead to the division of such enterprise or unit. For this reason, certain mechanisms are proposed for an adequate protection and conservation of the Family enterprise or the Farming production unit at the decease of the cau- sant, but protecting properly the rights of the heirs in their reserved portion.