Prescripción del régimen patrimonial de la unión marital de hecho frente a la sociedad conyugal en Colombia

Abstract

The marital unions in fact in our society have always been a problem for the cohabitants, because the regulations have determined minimum terms to declare the prescription of it. Previously it was called concubinato or amancebamiento, since it was the relation between two people of different sexes, that without being married by some rite they formed a class of family; It was considered a sin in Christian doctrine and also as a crime; in the Council of Trento very serious penalties were created for those who lived in solidarity, then with the French Revolution it was assimilated to marriage. For others, the concubinage was first that the marriage, the simple mating of the sexes, product of the instinct of the species, originated a custom and in many cases the stable and permanent concubinage. A similar or more equitable regulation is required between the two institutions (conjugal and patrimonial society), in order to guarantee economic stability for both parties in the de facto marital union, especially since one of them will always be left with a greater burden than the other. Another, because differences are clearly presented with respect to the statute of limitations in relation to the liquidation of the equity in both companies. In Colombia the terms of prescription in the marital union in fact regulated the article 8 of Law 54 of 1990, establishing a year for its declaration