The formalization of the notarial common-law marriage and its need to be established as an absolute impediment to marriage

Abstract

Objective: To analyze the importance of formalizing the notarial de facto union in our legislation as an absolute impediment to marriage; specifically, to establish how the legal effects derived from the recognition of the de facto union deserve the same family protection granted to marriage; and to examine how the judicial termination of the de facto union should constitute a requirement for the celebration of marriage with a third party. Methodology: The research has an interpretative scope, adopting a qualitative approach and a basic type. The design is based on interpretive theory. Data collection was carried out through interviews with specialists in civil law. Results: The interviewees consider that the de facto union should have the same rights and protections as marriage. Conclusions: The recognition of the notarial de facto union generates rights similar to those of marriage but lacks convivential protection, as it does not prevent marriage with a third party.