Skip to main content

Concept of FAMILY LAW

We explain what family law is and how it regulates marital and paternal-family relationships. Also, divorce and adoption.

What is family law?

The right of family or family law is the branch of the civil law that studies the rules and regulations regarding personal relationships and heritage of the whole household. In other words, it is the law applied to the affairs and interests of the family, understood as the nucleus of society.

Family law has as its axis the family, marriage and filiation, which are central institutions and processes in the composition of modern societies. This ranges from the legal definition of the family and what are the forms of constitution of the family patrimony, to the types of marital union and the rights enshrined by it.

family law

In many respects, family law has to do with duties and obligations that are incoercible, that is, that cannot be forced by the State, and its fulfillment lies in ethics and custom. This branch of law is often handled on that fine line between the guidelines of public order and family relations.

Marriage and marital relations

Marriage and filiation are the pillars of family law, since they are the legal concepts available to the State to regulate the formation of a family. Thus, the first family unit is constituted by the spouses, whether or not they have descendants.

In fact, there may be a family without it, or there may be offspring outside of the constitution of a family, so that it is the conjugal union (marriage, civil union, concubinage or any other) that gives rise to families.

Similarly, family law contemplates what kind of conjugal unions are possible and recognizable before the law: marriage, common- law marriage, equal marriage or in some cases civil union, depending on the legislation of each country and especially its cultural background.

In this, it should be remembered, biology and religion intervene very little, since marriage and its legal definitions are clearly a human, subjective and cultural (if not ideological) concept. Marriage is considered a contract like any other defended by law according to specific regulations and regulations.

family law concept

Parent-family relationships

Similarly, family law deals with filiation, which is the legal formalization of the offspring, that is, the legal and legal bond between parents and descendants. This link carries rights and duties, such as:

  • Parental authority. That is, the parental authority over the rights, assets and the destiny of their descendants, until the moment when they themselves reach the age of majority and are legally capable of representing themselves.
  • Compulsory maintenance. That assigns parents (especially in case of divorce) the task of financially supporting their descendants until they are of legal working age.
  • The identity familiar. That grants the surname and full social and legal recognition to the descendants of a person, whether biological or not, in accordance with legal and legal norms that protect the identity of future generations.
  • The inheritance. That it transmits the assets and capital of the deceased parents to their descendants in the event that there are no wills that contradict it. In many cases, not only the assets are inherited, but also the debts and obligations.

Divorce and separations

Just as the family is constituted by the decision and the union of the spouses, it can also be separated according to legal provisions that regulate the distribution of what was, until then, a conjugal economic community.

In this way, guidelines or methods of mediation and negotiation are established to guarantee that the dissolution of the couple does not violate the rights of anyone. It tries to protect especially the descendants, since the ties of filiation survive the family disintegration: the parents remain parents even if they are no longer a couple.

family legal advice

Adoption and guardianship

Apart from the biological way to have offspring, adoption is a mechanism enshrined in law so that a child without a family can be incorporated into a new one, even if biologically it is not the child of the couple. This process is usually reserved for de facto families, that is, for couples, who wish to take care of a needy minor.

Adoption is usually a complex process, in which the State is concerned with the rights of the minor, checking the good faith and the economic, psychological and social solvency of the adoptive home. If the process is finalized, the family receives the parental authority of the minor from the State, from then on becoming his descendant legally and formally. If you need assistance, feel free to contact Mckenzie Lawyers today!


Popular posts from this blog

How much does a website cost in 2021? Prices, rates and budgets

It seems like a difficult question to answer but in this article we are going to give you the keys and all the necessary data so that you can know how much it would cost to create a professional self-managed website in 2021, with a blog, adapted to mobiles, tablets and what functions it should have in relation to at your price. To understand what quantity a web page costs, you've got to go step by step, especially if you're a non-technical user. We are all accustomed to thinking that the cheapest offer is always best and more affordable options are less functional. Ordering a web site isn't like buying a car or a mobile phone. We are buying a service with which we shall launch our online business. If we use our page for online marketing strategies, advertising campaigns, selling online or getting traffic through search engine optimization it's important that the ads are relevant. What type of website do I need? The best recommendation we are able to provide you

How to keep your workplace safe?

Health and safety measures within the workplace are necessary for the benefit of both employers and employees. As an employer, you have a legal obligation to provide a safe and non-threatening work environment. Unsafe working conditions put your workers at risk and reduce productivity and engagement. If your employees know that they're protected against any unforeseen event or accident, they're going to feel safer and work more efficiently. As a result of this, the productivity of your SME could increase dramatically. Why is safety in the workplace so important? The prevention of occupational risks is a factor that every company must take into account in its policies, regardless of the activity to which it is engaged. Ensuring that your employees work in an environment where they can carry out their activities safely and properly should be a company priority. Maintaining safe working conditions is of great importance, because it not only protects the physical integrity of

The maintenance of community electrical installations

Now more than ever, the electrical installations of our community of owners become an essential element. All the common spaces almost completely, the services we receive and an endless number of devices, work mainly with electricity. In the same way, it seems that the trend is that the vehicles with which we move daily will also have electricity as a source of energy in the near future. Loading vehicles in car parks will be another challenge for the electrical installations of the communities of owners. Importance of electrical installation For this reason, if the electrical system was already important in our communities, it is increasingly so. If we want to live in comfort and safety, and despite the fact that not all communities still agree on the importance of professional electrical installers and scheduled maintenance from time to time, it will be an increasingly recurring element in the maintenance of our communities. Main problems of electrical installations in