Essential Legal Terms for Family Structure and Domestic Relations

Foundational Concepts of Family and Marriage Law

Family

The group formed by the union between a man and a woman, or the community formed by either parent and their descendants.

Family Functions

The primary roles fulfilled by the family unit include:

• Procreative function
• Educational function
• Emotional function
• Economic function

Marriage and Conjugal Bonds

Marriage

The union of a man and a woman, established in accordance with the law, in order to fully share their lives.

Betrothed People

Individuals who are preparing to marry.

Proclamations (Marriage Banns)

A social warning or public announcement reporting the impending marriage.

Concubinage

The stable and prolonged union between a man and a woman without formal marriage.

Duties of Marriage

The primary duties include:

• Mutual happiness
• Life in common
• The marital domicile

Mutual Assistance

The obligation to provide support, including keeping custody and ensuring the education of children.

Marital Property and Separation

Marital Property Regime (Goods Scheme)

The set of rules that regulate the economic interests of the spouses during the marriage.

Types of Property Regimes

• Universal Community (Communion Universal)
• Partial Community (Communion Partial)
• Separation of Property
• Endowment

Judicial Separation

Equivalent to the old concept of divorce. It promotes the separation of bodies and property without dissolving the marital bond.

Separation by Mutual Consent

Occurs when the spouses mutually agree to separate and manifest their feelings before the judge.

Separation Based on Specific Grounds

A separation that can be sought or lost by only one spouse, often related to specific legal or religious grounds.

Divorce

The legal principle that definitely dissolves the conjugal bond, allowing the possibility of the divorcees remarrying.

Kinship and Legal Relationships

Kinship by Blood (Consanguinity)

The hereditary bond that unites people descended from each other.

Examples: Father, grandfather, uncle, brother.

Kinship by Affinity (Kindred)

The social relation that links a person to the hereditary relatives of their spouse.

Examples: Father-in-law, son-in-law (Genro), daughter-in-law (Nora).

Civil Kinship

Kinship created by a legal act, such as adoption.

Protection of Minors and Incapacitated Persons

Parental Authority (Parental Rights)

The set of rights and duties belonging to parents concerning the person and property of non-emancipated minors.

Guardianship (Trusteeship)

The legal institution designed to protect minor children (usually up to 21 years of age) whose parents have died or lost their parental rights.

Tutor

The person responsible for exercising the authority of guardianship.

Testamentary Guardianship

Occurs when the father, the mother, or the maternal grandfather indicates the guardian by will or other official record.

Legal Guardianship

Guardianship that occurs in the absence of a will or testamentary designation.

Dative Guardianship

Guardianship established by a court decision, where the judge chooses the appropriate person in the absence of a legitimate or testamentary guardian.

Curatorship (Curatec)

The legal mechanism similar to guardianship, characterized by its function of care and protection, often applied to adults incapable of managing their affairs.

Curator

The person responsible for exercising curatorship.