¿Según los pronunciamientos de la corte suprema de justicia, constituye la unión marital de hecho un estado civil?

Abstract

Previously, the relationship without marriage were just simple concubinage, nevertheless this situation has been evolving through the years due the growth of these kind of relation in where the people get together without get married but seeking to create a family with a normal life. In that sense, it was necessary that the congress regulated in some way that factual situation that was growing. The first normative approach was before of Political constitution of 1991 for protecting families that were formed naturally. In that normative the marital union and its patrimonial regime between permanent partners was defined with 54 law of 1990 as the union made by a man and woman that without getting married make a permanent and singular community of life. That content is also applicable for couples of same sex. In 42th article of the constitution the family formed by natural or legal links has constitutional rank and the integral protection by the society and government, getting legitimate way to make a family. Although the law was incomplete because it was looking to define the marital union and patrimonial regime that is derivate from this kind of marital union and it didn’t consider and legislate specific and clearly the civil status as attribute of personality of permanent partners that is derivate of marital union; that’s why has been necessary through jurisprudence matching the marital union with the marriage link. Nowadays the Supreme Court has a jurisprudential thesis that recognize that the marital union is a real civil status arguing that there is some rules that make equal treatment for marital union and marriage, therefore it is creator of a civil status that permit include it in the first article of 1260 decree of 1970 through which is issued the civil register statute of people. With all these deficiencies on the law, it is necessary improvements in the regulation making clear every aspect of the marital unions.