Article I of Law 54 of 1990 establishes the requirements for the constitution of a de facto Common Law Marriage; nonetheless, it does not encompass the juridical or de facto nature of the union. According to interpretations made by Colombian Courts of Law and Constitutionality, diverse theories have been raised to determine to which category the state of cohabitation really belongs. Consequently, in this writing, the issue is approached from a tridimensional perspective: the de facto family, the institutional meaning of the union, and the marital contract, with the understanding that constitutionally, in Colombia, in recognition of its natural bonds, it is established as one of the ways in which a family may be constituted. At the same time, the institutional and contractual character which the union has been granted is confirmed, though there is no clear consensus in this respect; thus, the possibility that the juridification of the union may pave the way for its denaturalization is raised.
Tópico:
Family and Matrimonial Law
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FuenteRevista de la Academia Colombiana de Jurisprudencia