Abstract

BLANCO RODRIGUEZ, JINYOLA  and  RODRIGUEZ JAIME, JONATHAN. The contract efects of the union of homosexual couples: the review of the sentence c-577 de 2011. Justicia Juris [online]. 2015, vol.11, n.2, pp.58-70. ISSN 1692-8571.  https://doi.org/10.15665/rj.v11i2.764.

The Constitutional Court of Colombia through the Sentence C-577 of 2011, which authorized same-sex couples to be constituted as a family using the solemn union contract. This decision has originated counterpoised interpretations. Therefore, the main object is to determine the legal consequences of that decision, in order to tie the legal nature of the solemn contract and describe the legal effects caused by absence of regulation of this juridical instrument, for that purpose the research propound an investigation eminently documentary, elucidated through a hermeneutic analysis. As a result, it is found that the solemn union contract is completely atypical, so that, homosexual families are involved in jurisdiction conflicts, unbundling in the procedural legal system, erga omnes vulnerability, multiple interpretations and formal inequality

Keywords : Solemn union contract; absence of legislation; legal uncertainty; homosexual families.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )