Matrimonio
gabissss21 de Octubre de 2014
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INDEX
INTRODUCTION 1
KEYWORDS 1
MARRIAGE 2
HISTORICAL BACKGROUND. 3
HISTORICAL EVOLUTION 3
IMPORTANCE OF MARRIAGE 4
PURPOSE OF MARRIAGE 4
MARRIAGE CLASSES 4
GENERALITIES OF MARRIAGE 4
ELEMENTS OF MARRIAGE. 5
REQUIREMENTS FOR MARRIAGE. 6
IMPEDIMENTS 6
EFFECTS OF MARRIAGE 7
MARITAL RIGHTS AND RESPONSIBILITIES 7
Legal 7
Reciprocal 7
EQUITY SCHEMES 7
DONATIONS 8
DONATIONS ANTENUPTIAL 8
RELATIVE AND ABSOLUTE REVOCATION 8
DIVORCE 9
DIVORCE VOLUNTEER 10
DIVORCE NECESSARY 10
ADMINISTRATIVE DIVORCE 10
CONCLUSION 12
GLOSSARY 13
GENERAL GLOSSARY 13
BIBLIOGRAPHY 14
INTRODUCTION
This paper seeks to explain from the perspective of the philosophy of law, the content and use of legal language, applied to a specific theme: " marriage. Speaking of marriage is a bit complex as each person talks about the the way you are experiencing in your own life, although people who are engaged in scientific research and experimental so agree that a good marriage is based on the trust and communication are two words that magical case of the coexistence of two completely different in all aspects as values , religion, education, character, etc. That coexist in the same space by mutual consent to be in the infatuation phase is when all overlooked
The use of the words must be in its exact sense to avoid confusion that lead to multiple interpretations, hence the need for clarification as we recommended specialists.
Marriage Being essentially an institution naturally shows the difficulty of finding a definition or express simple concept.
First, it is convenient to start with the etymological origin of the word marriage , being almost unanimous criterion , which derives from the Latin words parent ( mother) and minimum (load or charge ) is defined marriage as " the legally constituted by society men and women , who join an indissoluble bond, to perpetuate the species, help carry the weight of life and part of the same fate " Marriage " is a marital union not only of bodies but of souls , which has the character of permanence and perpetuity , which originates in the love and affection consolidates serene disorderly passion excludes mere sexual attraction, which aims to protect not only the children and the perpetuation of the species , but also mutual assistance and economic prosperity, which creates an indissoluble community of life begets mutual obligations between spouses and spouses with children " .
Then Carries out an analysis of the requirements that must be met considering the classes or types of marriage, from a doctrinal perspective, of course, to move to the development of requirements and formalities of marriage that has our civil order.
KEYWORDS
1. Consent
2. Contract
3. Contract
4. Spouses
5. Right
6. Divorce
7. Family
8. Impediments
9. Marriage
10. Nullity
11. Obligation
12. Heritage
13. Regime
14. Requirement
15. Solemn
16. Will
MARRIAGE
According to the civil code of the state of Puebla, Article 294 ° Marriage is a civil contract by which one man one woman joined in partnership to perpetuate the species and help in the struggle for existence.
Marriage is considered from two points of view, as a legal act and as a permanent state of the spouses.
The marriage produces a primordial birth to a set of legal relations between spouses.
Marriage, consists of a complex of duties and powers, rights and obligations, in view of each and to protect the interests of the family, protection of children and mutual cooperation and support of spouses.
The set of duties and powers, rights and obligations constitute this complex legal relationships and marriage are coordinated convergent did before such purposes, that to be performed requires the effort of both spouses, demanding that the conjugal partnership is permanently prolonged while there remains the marital period.
Such collaboration and coordination of interests is in the right ways to strengthen through various legal provisions, the solidity and permanence of the bond between the spouses.
This community of life between man and woman, is a natural event that is imposed by law and that this rises to the legal category to organize and sanction through the complex legal relationships which constitute that state.
The perpetuation of the species and mutual support between the spouses for individual or particular purposes or to share their common destiny.
Mutual aid the perpetuation of the species, the common destiny of the spouses may be the reason to celebrate the marriage
Marriage from my point of view is a social institution that creates a conjugal bond among its members
In my opinion this loop which is socially recognized, either by legal means or by means of the customs and way of religion is necessary but not this way because if the union is mutual agreement should not have rules so rigid to name a word for this.
Marriage is between two people or spouses and in many cases also between families of origin of these, a number of obligations and rights. are also set by the law, which vary , depending on the society as it is in our country that no longer is customary marriage but agreed there is more freedom to make this decision and adopt the ways that each who seem seeing this in a realistic and consistent in our society. So you could say that marriage is a union of two people that is intended to constitute a family, is the basis of the family unit. In this society and in this time, the family is the most integrated, those best able to perpetuate and protect car better. As it is currently set, is needed to society both from economic viewpoint as any other. The culture would disintegrate if its cornerstone, family, ceased to have validity as such. We can say with some certainty that he who destroys marriage destroys civilization.
Features of marriage
The characteristics of marriage are:
It is a contract for that reason requires the agreement of those who contract marriage and the fulfillment of rights and duties.
It is solemn ceremony concluding the marriage in a document and is performed before an officer of the Civil Registry and Identification, either on the premises of the Service or in the house of one of the spouses.
It is between a man and a woman, also marriage must be monogamous, that is, not the husband is allowed to have more than one wife (polygamy) or that women have more than one husband (polyandry).
It is a current union, governed from the time contracts.
The purpose is to live together and procreate, therefore live under the same roof, assist each other in good times and bad and have children.
HISTORICAL BACKGROUND.
In Roman law there were two figures in late justea nuptiae marriage and concubinage and although both figures were accepted socially as durable and monogamias unions between man and woman as both sought to procreate children and support each other in life, the first is itself the most remote historical background of marriage, and this was made up of 2 elements consisted of the coexistence of the spouses and the second by the marital affection (sexual cohabitation). This information was given by the participation of women in public and social rank of the husband.
HISTORICAL EVOLUTION
It is necessary to briefly recount the historical evolution of marriage, especially because she can see the deep meaning that this institution has been through existence mankind.
It must be admitted, that marriage , to reach its current structure , had to undergo a long process of evolution and refinement , from the early period of mankind , when apparently it was common practice the union of man with several women ( polyga) , without discarding the opposite situation , ie the union of a woman with multiple males ( polyandry ), although there are many examples of the latter . Today is preserved polygamy among the Mohammedans, with a tendency to disappear. The cessation of nomadic life causes a phenomenon of great interest in the life of primitive man. The pairing of man and woman is no longer a circumstantial and the life of the couple settles in search of solutions to their vital needs and new forms of behavior that lead to the formation of the family, the clan, the tribe and much later the state, as organizations will meet the ever growing needs of man.
IMPORTANCE OF MARRIAGE
Marriage is the foundation of family law, since most of the legal relations that constitute this branch of law, are based on or derived in some way from their relationship, and if it is true that there are special situations (concubinage, for example), that family law can not ignore, they are in a lower order and in any case deemed legal relationships marriage generated.
Through all this time has been given special importance to marriage by legal philosophers, and as Cicero says that marriage is the beginning of society and the foundation of the public, "Marriage is the center of the family and other institutions of family law are just one or complements consequences”.
PURPOSE OF MARRIAGE
Besides the importance of marriage, before mentioned, it is worth asking what is your rationale, what their purposes and what is sought with union? Apparently the simple answer to these queries would admit that with the marriage the spouses seek mutual sexual satisfaction,
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