Efectos Legales En El Derecho De Familia Guatemalteco

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Enforcement: The purpose of this type of procedure is, through the court order, the fulfillment of a previously established right, the satisfaction of an unsatisfied claim and the enforcement of already established claims. They are regulated in Book III of the CPCYM. For example, the enforcement of foreign judgments. Homologation of adoptions. The aim is to give legal value to what has been dealt with before the National Adoption Council for adoption. Family law is the set of legal rules and institutions that govern the personal and property relations of family members, among themselves and with third parties. Trial in family matters: Eduardo Couture: “the sequence or series of actions that take place gradually in order to resolve, by a judgment of authority, the conflict that was the subject of his decision”. This law will not protect families or lives; Promote hatred and discrimination and endanger the lives and rights of countless people Subject to family law On the basis of what is regulated in the Civil Code, Legislative Decree No. 106: Title I “This law does not protect families or lives; It will incite hatred and discrimination and endanger the lives and rights of countless people. It is disturbing that the Guatemalan Congress intends to waste time and resources passing laws that only exacerbate the multitude of social problems and human rights violations that affect so many people in the country, rather than trying to solve them,” said Erika Guevara-Rosas, Americas Director at Amnesty International. The “Law on the Protection of Life and Family” (Law 5272) poses a serious threat to life, human rights and families in Guatemala, Amnesty International said after Congress passed the law by a large majority on 8 March. It is public in nature: because it seeks the realization of the law and the basis of social peace. “Access to legal abortion and comprehensive sexuality education are not only human rights, but also basic public measures to combat teenage pregnancies and gender-based violence and discrimination.

If President Giammattei wants to tackle these problems and ensure that his government respects its human rights obligations, he must veto this untenable law. There is no family law in Guatemala; However, relations between spouses and between parents and children are essentially provided for in the Civil Code, Legislative Decree No. 106, which has been in force since the first of July 1964 and was issued by the Head of Government of the Republic of Enrique Peralta Azurdía. In this body of law, we find family law in Book I of Persons and Family, Title I of Persons and Title II of the Family. The current Civil Code does not establish a legal definition of the term family, but it can be emphasized that it is the social, permanent and natural institution composed of a group of people bound by legal ties arising from intersex relationships and ancestry. With regard to the legal assistance to be executed in case of violation of the rights of the family, there are several legal instruments such as the Law on the Family Court, Legislative Decree No. 206, issued by the Head of Government of the Republic of Enrique Peralta Azurdía. Likewise, they also apply to the organization, functioning and procedures of the family courts, provided that they do not violate the provisions of Legislative Decree No. 206, the legal norms contained in the Law on the Judiciary No.

2-89 and Legislative Decree No. 2. 107 of the Code of Civil and Commercial Procedure. The two fundamental institutions of family law are marriage and ancestry. In addition, the standard-setting bodies dedicated to family law deal with the situation of persons subject to the authority of others.

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