Possession of State in Family Law: Elements, Significance, and Legal Actions

Posted on Aug 5, 2024 in Law & Jurisprudence

ITEM 2: Ownership Status

3rd Possession Elements of State (Art. 214 CC)

Possession of child status is established by the existence of facts sufficient to normally indicate parentage and kinship relations of an individual with the people brought their parents and the family that says it is.

Foremost among these developments are:

  • NAME: That the individual has used the surname of one who claims to have a father or mother.
  • TREATMENT: That they will have waived the treatment of a child, and he, in turn, been treated as father and mother.
  • FAMA: That has been recognized as the son of such persons by family or society.

4th In the Marital and Extramarital Affiliation

4.1: Marriage

  • NAME: Who claims that this state has consistently used the name of those who want to parent without any objection on the part of these people.
  • TREATMENT: Between parent and child relationship of familiarity.
  • FAME: The family’s inner circle or friends.

4.2: Extramarital: Same deal as fame. No name.

4.3: Marriage: Treatment and fame if applicable. The name (ART: 137 CC)

Art 137: With the marriage the husband and wife shall acquire the same rights and assume the same duties. Marriage derives the obligation of spouses to live together, be faithful and help each other.

A married woman may use her husband’s surname. This right remains even after dissolution of marriage due to death, while no new contract nuptials.

The refusal of married women to use their husband’s name is not considered in any case, a fault to the duties imposed by law, the effect of marriage.

5th Characteristics of Possession of State

  • It is an extra test.
  • Must be continuous.
  • They must be proven with sufficient facts.
  • No need to happen all the elements.

6th Legal Significance

6.1: In Double Descent

It serves as proof of state ownership does not occur when the main evidence of the record. (Inserting game art. 458 cc)

6.2: Extramarital Filiation

  • A: Recognition of a dead child (art. 219 cc)

Art 219: The recognition is made of a dead son and heir is not conducive to that acknowledges, but in case he proves that he enjoyed in life one possession state.

B: Fills the need for consent of the spouse and their descendants (art. 220 cc)

Art 220: To recognize a child of legal age, consent is required, and if there dead, your spouse and their descendants, if any, subject to proof in this latter case, that the child has enjoyed life in the possession of state.

C: Is a test of both maternity and paternity (art.198 ord. 2, 210)

Art 210: In the absence of voluntary recognition, the paternity of the child conceived and born out of marriage can be judicially established with all kinds of evidence, including examinations or the expertise inherited haematological and biological-which has been consented to by the defendant. The refusal to submit to such tests regarded as a presumption against him.

D: Claim of a different state (art. 230 cc) Lack of birth certificate (insert game) Judicial recognition (inquisition of departure)

7th In the Marriage (Art.113, 114 and 115 cc)

Art 113: No one can claim the civil effects of marriage if no certified copy of the minutes of its conclusion, except in cases provided for in Articles 211 and 458.

Art 114: Can not invoke the invalidity of the act of marriage by irregularities of shape when there is state ownership.

7.1: Validates the Irregularities of the Marriage Is Not the Nullity (Art 88, 89 and 90 cc)

7.2: The Declaration of Marriage for Lack of Records (Section 113 115 and 458 cc)

Art 113: No one can claim the civil effects of marriage if no certified copy the minutes of its conclusion, except in cases provided for in Articles 211 and 458.

Art 115: Where there are indications that fraud or negligence by the official concerned has not been the marriage registered in the registry for this purpose, the spouses may request the declaration of marriage according to the rules established Article 458 provided that the following circumstances:

  1. That is true test of this publication or fixing cartel marriage, except in cases provided for in Articles 70, 96 and 101.
  2. That there is full proof of possession of state compliance.

8th Actions State

Features:

  • A: Is unavailable: the private will not pass regulatory changes can create.
  • B: Intervention: public minister.
  • C: Are barred.
  • D: Only certain people can try as appropriate.

Rating:

  • A: Activities constitution of the state: it has to reach a decision to make a state or disappear from the date of sentencing.
    • A.1: Constituting themselves: they have to create a new state which implies the extinction of another state (divorce).
    • A.2: Suspresivas status: they have to get extinguish a state if a new database (action for annulment of marriage)
  • B: Actions for declaration of state: they have to obtain a court decision that recognizes a preexisting condition or denying the existence of a state.
    • B.1: Collection of state actions: the actor intended to recognize a preexisting condition (action recognition).
    • B.2: Avoidance actions of state: The applicant is seeking to deny the existence of a state (action ignorance).

Item 1: Marital Status of Persons

2) The Characters: A Second Is an Alternative

  • A1: Act: Naturalization, marriage, adoption.
  • A2: Physical act: The birth, age, dementia.
  • B º: Is permanent is not lost until another is acquired.
  • C º: Interest to public order (art. 6 cc)

Art.6: May not be waived by private agreements or relax the laws on which compliance is interested public order or morality.

  • C1: Is unavailable: not govern the will of the parties (except divorce by mutual agreement).
  • C2: Intransigence: it can not be traded, are not subject to availability.
  • C3: Imprescriptible
  • C4: Is emolument

3) Determining the Status of Persons

  • 3.1: According to the relations of political order (domestic or foreign)

Art.21 Ord 3: Only give the official treatment of a citizen except the diplomatic formulas.

Art.39c.brv: Venezuelans who are not subject, or subject to political disablement or civil interdiction, and the age requirement under this Constitution, exercise citizenship and therefore have rights and political duties in accordance with this Constitution.

Art 42: Anyone who loses or renounces to nationality loses citizenship. The exercise of citizenship or any political rights can be suspended only by final judicial decision in cases specified by law.

  • 3.2: Family status (married couples rights and duties, status of relatives by affinity and consanguinity, adoption)
  • 3.3: Fitness: (retail and wholesale).

The State of Family

  • A: Sixth as political relations: refers to the situation of the person with respect to the nation and the nation. (Art. 23 ORD. 3, 39, 42 CBRV).
  • B º: The state of husband relatives affinity and consanguinity.
    • Inbreeding
    • Affinity

* The Importance of the Legal Status of Persons

  • A: Allocation of rights and duties.
  • B: Exercised their influence in determining the ability of individuals.

* The Relationship Between Marital Status and Ability

CAPACITY: Is the intrinsic suitability of an individual to have rights or their ability to perform generila acts and conduct legal transactions valid.

  • A º cap. enjoyment: A measure of the ability of a person to participate in the legal remedy in itself.
  • B º cap. stool: The exercise by itself of the rights that he owns.