Familia ensamblada
This work addresses the assembled or reconstituted family, a family model, which in Mexico still does not have legal effects. A family that is made up of two people where one, or both of them, has offspring, that is, a single person who is together with another one who has daughters or sons. It has...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8359991 |
| Source: | Revista de Derecho, Empresa y Sociedad (REDS), ISSN 2340-4647, Nº. 18-19, 2021, pags. 195-207 |
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| Summary: |
This work addresses the assembled or reconstituted family, a family model, which in Mexico still does not have legal effects. A family that is made up of two people where one, or both of them, has offspring, that is, a single person who is together with another one who has daughters or sons. It has its own structure and turns out to be complex due to the diversity of bonds: by the way in which the previous bond ended, coexistence with one of the parents exclusively or alternately, age of the members, the socio-cultural level, new children, siblings, grandparents, among others. The couple that is formed does not have any legal problem, since their rights are protected by laws, whether they are spouses or stable partners (common-law partners as they are called in the Mexican law); The issue, at least for Mexico, is the relationships that are generated between one of the members of the couple and the daughters and sons of the other, since this originates responsibilities not only in the bearing of biological children, but also assuming responsibilities in the education and training of related children, even if there is no consanguineous link, but there is an affinity between them. Neither the legislation nor the courts have begun to construct the legal rules that regulate this type of family, so here a recount is made of the minimum legal effects that would have to occur between the partners of the spouses or common-law partners and the children of the other. Those legal effects would be kinship, coexistence, custody, maintenance, inheritance, family patrimony, etc. It is true that each family will have a way of constituting itself and the relationships that are established will also be different depending on the way in which the previous relationship ended, especially the legal effects that the ex-partner maintains with their children, who are now part of this reconstituted or assembled family. |
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