Abstract

LOPERA BONILLA, Olga Cecilia. The marital partnership as a legal fiction and the risk of a random bet. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2023, vol.53, n.138, pp.1-.  Epub May 16, 2023. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v53n138.a5.

The marital partnership is an element of the of the marriage contract nature, that remains latent and suspended in time to be established only at the time of its own dissolution or the dissolution of the marriage. In the latter case, those who were married cease to be spouses, recover the civil status of being single and although they never or few times, were be able to share the administration of the assets and debts than they acquired during the marriage, the Law establishes the fiction of a "private partnership" among them, called conjugal. Once the process of liquidation, partition and adjudication of the assets of this has begun, the creditors of one of them can collect jointly and severally from any of the partners, in this way they freely choose which of them must pay the obligation or debt, even if he/she wasn't the one who acquired it. The foregoing implies a series of "random bets" in which the result of the financial, ethical and economic behavior of the spouses together or separately, will determine the balance of profits and losses that will ultimately impact their personal assets, leaving them in the same, better or worse economic conditions than at the time of signing the marriage contract.

Keywords : Fiction; administration; marriage; conjugal; society; dissolution.

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