Concubinage or relationship in fact is he "State resulting from habitual and continued sexual relations between a man and a Woman not joined together by wedding . When concubinage is presented as a community de Life complete, it is described as a union spirit.” It comes from the word "Concubitus" which means access or town hall carnal between a man and a Woman.
It is a social phenomenon, current and part in our country.
Significant progress in terms of recognition legal of concubinage:
Act 136-03 recognizes the union consensual as a modality familiar part and also protects the offspring of that family;
Act 24-97 envelope violence intrafamilial, recognizes the existence of unions in fact by classifying as serious offences the acts of violence domestic, aggression sexual and of abandonment that a cohabitant or ex-cohabitant may incur in damage of another;
Code de Work, Art. 54: “The employer is obliged to grant to the employee five days of license with enjoyment of wage, on the occasion of the celebration of wedding of this; three days in the case of the death of any of his grandparents, Parents and children, or a partner, and two days for the /// of birth of the wife or the partner duly registered in the company. "
Constitution of the Republic Dominican, Art. 55 numeral 5: “The singular and stable union between a man and a Woman, free from impediment marital, which form a home in fact, generate derechos and duties in their personal and patrimonial relationships, in accordance with the law; "
Other advances in the recognition legal of concubinage and interpretation of two sentences with relationship to concubinage. The first of the Supreme Cutting de Justice and the second of the Cutting de Appeal from La Vega.
Judgment of the Supreme Cutting de Justice of October 17, 2001. It establishes the following characteristics:
- Coexistence more uxorio, public and notorious;
- Absence de formality legal in the union;
- Community de Life familiar stable and durable;
- Relationship monogamous;
- Relationship made up of people of different sexes who live as husband y Woman without estar married each.
There are two jurisprudential criteria on how concubinage should be understood or treated in terms of . of the couple is concerned. On the one hand, there is a jurisprudential criterion that defines concubinage as a society in fact, so at the time of its “settlement It is done by returning to each person what he has contributed.”[1]
Shipping Costs embargo, there is a sentences of the Cutting de Appeal Civil law y Commercial de La Vega, which establishes another criterion:
Judgment of the Camera Civil law y Commercial of the Cutting de Appeal from La Vega de when and where March 30, 2006. It has the following characteristics:
- Coexistence more uxorio, public and notorious, sharing table and bed, the same home;
- Stability, continuity and permanence, for a Plazo No. less 5 years old;
- Advertising of the relationship,(…), pass before the neighbors as husband y Woman;
- Fidelity of cohabitants, one relationship monogamous;
- Enlace private between two people of different sexes who live in a stable and long-lasting relationship community of existence and that behave towards people as true and proper wedding , with capacity legal to marry, prohibiting incestuous, adulterous and homosexual relationships.
Important aspect of the latter sentences:
"With relationship to Woman in a relationship concubinaria more uxorio, her situation is of abandonment and demanding that he prove and demonstrate his contribution “leaves the abandonment to thousands of women who are dedicated to domestic chores at home, jobs that perhaps solution does not take into account account and that is what allows the development many times of the family, because it allows the man work and produce and converts to the Woman in a person in what in the language of demographers is called dependent. "
Presumption of a society heritage, made up of all the goods furniture and real estate acquired from title onerous during the union and its fruits and de goods which constitutes the society heritage It will be deemed to belong to both cohabitants in equal parts.
This presumption will apply to properties acquired during the union marital in fact that are registered or transcribed in favor of only one of the cohabitants.
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