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La Ley Civil Ante Las Rupturas Matrimoniales, Enrique Barros Bourie
La Ley Civil Ante Las Rupturas Matrimoniales, Enrique Barros Bourie
Enrique Barros Bourie
In this article, Enrique Barros argues that civil law has a limited but essential task to play in the event of marital breakdown. He takes issue with the argument that the benefits of marriage for human happiness and perfection necessarily mean that civil law should not admit divorce. On the contrary, Barros claims there are better arguments in favor of legislation on this issue. He states that in a pluralistic society that recognizes personal autonomy and intimacy, civil law should not play a very powerful role in forming customs. And even though it might be thought advisable, legal means are …
Por Un Nuevo Régimen De Bienes En El Matrimonio, Enrique Barros Bourie
Por Un Nuevo Régimen De Bienes En El Matrimonio, Enrique Barros Bourie
Enrique Barros Bourie
No subject in the Civil Code has been the objective of so many successive reforms since its enactment in 1855 as the marital partnership, which constitutes the basic economic order of the family. This study shows that those successive reforms have caused practical irremediable inconsistencies by intending, on the one hand, to expand the participation and capacity of women and, on the other, conserving the principle of an association of assets administrated by the husband. On the basis of that diagnosis, a proposal is made to establish a new legal marital property regimen: the share in joint property. It is …