The affective de facto union in the Cuban Family Code: reality prevailed over myth Cover Image
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La unión de hecho afectiva en el Código de las familias de Cuba: la realidad se impuso al mito
The affective de facto union in the Cuban Family Code: reality prevailed over myth

Author(s): Leonardo B. Pérez Gallardo
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: affective de facto union; notary; act of notoriety; affective coexistence;

Summary/Abstract: The affective de facto union is regulated by the new Family Code as an alternative to marriage, thus responding to the right that every person should establish a family in accordance with their life project. Unlike the previous Code, the new one designs the legal status of the union in an autonomous and independent way from that given via marriage. This Code highlights two alternatives that are offered: the notary, provided that the union exists at the moment or even when the union has been dissolved, is the one who must authorize an act for this purpose after evaluating the proposed evidence. Failing that, it is possible to go through the courts, through the recognition by final judgment of the terminated union, either by decision of both or of at least one of the members of the couple, or upon death of one of the parties. Notwithstanding the differences, there are areas that it shares with marriage, as family models that are protected by law.

  • Issue Year: 2023
  • Issue No: 02
  • Page Range: 256-300
  • Page Count: 45
  • Language: Spanish
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