Guarda y custodia compartida: La ley 15/2005 de 8 de julio de reforma del Código Civil

In the first part of this presentation we have analysed the connection between parental responsibility and custody rights, as well as the shared custody situation before Act 1512005 came into force. The second part deals with the basis of this summuy by examining in-depth the current regulation on s... Deskribapen osoa

Egile nagusia: García Rivas, Francisco J.
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Colegio de Abogados de la Región de Murcia 2006
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Laburpena: In the first part of this presentation we have analysed the connection between parental responsibility and custody rights, as well as the shared custody situation before Act 1512005 came into force. The second part deals with the basis of this summuy by examining in-depth the current regulation on shared custody as described in the Civil Code, together with the most common arrangements for shared custody. Finally, in order to give the matter a practica1 bias, a standard form of divorcelseparation agreement is attached giving the various alternatives for dealing with visitation rights, spouse's right to occupy the marital home, and liability for maintenance. Your attention has been drawn to the fact that the new Law is not without holes or ambiguities, and perhaps a lack of a systematic approach. These issues will inevitably be raised in the fitture and should be resolved by juture precedents, such as case law from the High Court. Nevertheless, the fact that it has been legally recognised as a type of custody takes the matter one step further in the conzplex regulation offamily relations.