The two fundamental institutions of family law are marriage and ancestry. In addition, the standard-setting bodies dedicated to family law deal with the situation of persons subject to the authority of others. With regard to the institution called MARRIAGE, it is worth mentioning the legal definition regulated in article 78 of the Civil Code, which stipulates that: It is a social institution through which a man and a woman are legally united in the spirit of permanence and to live, conceive, feed and educate their children together. and help each other. Doctrinal definition: This solemn contract, concluded before the State authorities, on the basis of which man and woman unite for mutual assistance, reproduction and the education of children. It is based on equal rights for spouses. Below you will find an overview of the most typical contents of family law: Subject in family law Based on what is regulated in the Civil Code, Legislative Decree No. 106: Title I Here you will find the necessary conditions and that Guatemalans must fulfill to enter into a civil marriage. In addition, the same document – Article 92 – stipulates that it must be approved by a municipal council or a notary legally qualified for the exercise of his profession. According to the Civil Code of Guatemala (article 78), civil marriage is a social institution.
In fact, a man and a woman are legally united. This is done with a spirit of permanence and living together, reproducing, feeding and educating their children and helping each other. There is no family law in Guatemala; However, relations between spouses and between parents and children are essentially provided for in the Civil Code, Legislative Decree No. 106, which has been in force since the first of July 1964 and was issued by the Head of Government of the Republic of Enrique Peralta Azurdía. In this body of law, we find family law in Book I of Persons and Family, Title I of Persons and Title II of the Family. The current Civil Code does not establish a legal definition of the term family, but it can be emphasized that it is the social, permanent and natural institution composed of a group of people bound by legal ties arising from intersex relationships and ancestry. With regard to the legal assistance to be executed in case of violation of the rights of the family, there are several legal instruments such as the Law on the Family Court, Legislative Decree No. 206, issued by the Head of Government of the Republic of Enrique Peralta Azurdía. Likewise, they also apply to the organization, functioning and procedures of the family courts, provided that they do not violate the provisions of Legislative Decree No. 206, the legal norms governed by the Law on the Judiciary No. 2-89 and Legislative Decree No.
107 of the Code of Civil and Commercial Procedure. Procedure: Ways in which the different phases are developed. Set of formalities ordered to structure the process and file a claim with the judiciary (method or style that the procedure before the courts must follow). Trial in family matters: Eduardo Couture: “the sequence or series of actions that take place gradually in order to resolve, by a judgment of authority, the conflict that was the subject of his decision”. By its structure: We find contentious processes and voluntary processes, depending on whether there is a legal dispute or not. Security measures. Enforcement: The purpose of this type of procedure is, through the court order, the fulfillment of a previously established right, the satisfaction of an unsatisfied claim and the enforcement of already established claims. They are regulated in Book III of the CPCYM. For example, the enforcement of foreign judgments. Homologation of adoptions. The aim is to give legal value to what has been dealt with before the National Adoption Council for adoption.
Family law is the set of legal rules and institutions that govern the personal and property relations of family members, among themselves and with third parties. Knowledge: Also called cognition, which is regulated in the SECOND book of the CCP, they intend to explain a controversial fact capable of being constitutive, declarative, condemning. The processes of knowledge are: ordinary exam, oral. It is public in nature: because it seeks the realization of the law and the basis of social peace. By its function: precaution: If its purpose is to guarantee the results of a future process, although the law does not recognize the quality of the process, it is more likely to speak of precautions or measures. It is private in nature: because it aims to resolve the conflict or dispute by satisfying the parties through justice.
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