MODIFY THE CIVIL CODE AND OTHER LEGAL BODIES IN RELATION TO FILIATION Having present that the H. National Congress has |! |given its approval to the following P r o y c t o d e l e y: '' Article 1.-Enter the following |! |modifications to the Code Civil: 1. Substitute Article 28, as follows: '' Article 28. Kinship by consanguinity is |! |that which exists between two persons who descend one |! |of the other or of the same progenitor, in any one of |! |their degrees. ''. 2. 3. Repeal Article 30. 4. Replace Article 31, by the following: " Article 31. Kinship by affinity is the one that |! |exists between a person who is or has been married and |! |the consanguineos of her husband or wife. The line and the degree of affinity of a person with a |! |consanguine of her husband or wife, are qualified by the |! |line and degree of consanguinity of said husband or wife |! |with the said consanguineum. Thus, a male is in the first |! |degree of affinity, in the straight line, with the children |! |habedos by his wife in previous marriage; and in |! |second degree of affinity, in the transverse line, with |! |his wife's brothers. '' 5. Article 32 should be repealed. 6. Repeal Article 33 and add, with the same |! |numbering, the following new article: '' Article 33. They have the marital status of children |! |in respect of a person those whose affiliation is |! |finds determined, according to the rules |! |provided by Title VII of Book I of this Code. |! | The law considers all children equal. '' 7. Articles 35 and 36 shall be repealed. 8. Insert the following Article 37: ' Article 37. The filiation of the children may not be |! to be determined with respect to their father, their |! |mother or both. ''. 9. Repeal Article 40. 10. Repeal the final point of Article 41. 11. Replace the first paragraph of Article 42, |! |by the following: " Article 42. In cases where the law disposes |! |that the relatives of a person are heard, they are |! |understood in that denomination the spouse |! |of this and its consanguineos of one and another sex, greater |! |of age. In the absence of consanguineos in enough number |! |the like will be heard. '' 12. Delete in article 43, the word |! | '' legitimate ''. 13. Replace Article 107, as follows: ' Article 107. Those who would not have fulfilled eighteen |! |years will not be able to marry without the express consent of |! |their parents; if one of them is missing, that of the other father or |! |madre; or in the absence of both, that of the ascending or of the |! |ascending of the nearest degree. In equal votes, he will prefer the |! |favorable to marriage. "" 14. Repeal Article 108. 15. Replace Article 109, as follows: ' Article 109. It will be understood to be missing the father or |! |mother or other ascendant, not only for having passed away, |! |but for being insane; or for being absent from the |! |territory of the Republic, and not to be expected soon |! |return; or to ignore the place of his residence. It will also be understood to be missing the father or mother when |! |paternity or maternity has been determined |! |judicially against his opposition. ''. 16. In Article 111: (a) Substitute, in the first subparagraph, the phrase ` ` A |! |lack of such parents, mother or ascendant '' by |! | '' In the absence of such parent, mother or ascendant '', and (b) Replace the final indent, by the following: '' a son whose filiation has not yet |! |been determined regarding any of his parents, he |! |consent for marriage will give him his curator |! |general. In the absence of this, the provisions in |! |the previous paragraph shall apply. ''. 17. Replace the 5ª Causal of Article 113, by |! |the following: '' 5. Er Been Convicted that person for offence |! |that she deserves a afflictive penalty; ''. 18. Replace the second paragraph of article 122, |! |by the following: '' With all, the nullity declared by incompetence |! |of the official, for not having celebrated the marriage |! |before the number of witnesses required by law or by |! |inability of these, will not affect the filiation |! |marriage of the children, even though there has been no good faith |! |nor just cause of error. ''. 19. Introduce the following Article 130, new: '' Article 130. When for having passed the mother to |! |other nuptials will be doubted which of the two marriages |! |belongs a son, and will invoke a court decision |! |in accordance with the rules of Title VIII, the judge |! |will decide, taking into consideration the circumstances. The pericial tests of biological character and the |! |opinion of the facultative will be decreed if so |! |requests. They will be jointly and severally obliged to the compensation |! |of all damages and costs occasioned to third parties |! |by the uncertainty of the paternity, the woman who |! |before the time due has passed to other nuptials, |! |and her new husband. '' 20. Replace in article 147 the sentence |! | '' During the marriage or dissolved this '' by '' During |! |the marriage or after the declaration of his |! |nullity ''. 21. Replace Article 174, as follows: '' Article 174. The spouse who has not given cause |! |the divorce will have the right to the other spouse lo |! |provide food according to the general rules. ''. 22. Replace Article 177, as follows: ' Article 177. If the guilt of the spouse |! |against whom the divorce has been obtained is attenuated |! |by serious circumstances in the conduct of the spouse who |! |requested, may the judge moderate the rigor of the |! |precedents. " 23. The Titles VII to XV of Book I, |! |inclusive, composed of articles 179 to 296, are repealed. 24. Introduce to Book I the following Titles |! | VII to X: '' TITLE VII Of filiation 1. General rules. Article 179. Parentage by nature can be |! |marital or non-marital. The adoption, the rights between adopter and adopted and |! |the filiation that can be established between them, is |! |governed by the respective law. Article 180. The filiation is married when |! |there is marriage between the parents at the time of the |! |conception or the birth of the child. It is also marriage affiliation that of the child whose |! parents contract marriage after their |! |birth, provided that paternity and maternity |! |have been previously determined by the means that |! |this Code establishes, or are determined by |! |recognition performed by both parents in the act of the |! |marriage or during its term, in the prescribed form |! |by article 187. This marriage filiation |! |will take advantage, if any, to the posterity of the son |! |deceased. In other cases, the filiation is non-marital. Article 181. Parentage produces civil effects |! |when it is legally determined, but these are |! |roll back to the time of the child's conception. However, the acquired rights will remain and |! |the obligations incurred before their determination, |! |but the child will compete in the successions opened with |! |before the determination of his filiation, when |! |be called in its quality of such. All the above is without prejudice to the |! |prescription of rights and actions, which |! |will take place in accordance with the general rules. The accreditation of the given filiation will be |! |will perform in accordance with the rules established in the |! | Title XVII. Article 182. The father and mother of the son |! |conceived by applying techniques of |! |assisted human reproduction are the man and woman |! |they underwent them. The determined filiation of |! will not be contested according to the preceding rule, nor will a |! |different claim be claimed. 2. Of the determination of motherhood. Article 183. Maternity is determined |! legally by birth, when the birth and the |! |identities of the child and of the woman who has given birth to it |! |consist in the departures of the Civil Registry. In other cases maternity is determined by |! |recognition or firm judgment in judgment of filiation, |! |as provided in the following articles. 3. Of the determination of marriage affiliation. Article 184. Children of the husband are presumed |! |born after the celebration of marriage and |! |within three hundred days following their |! |dissolution or divorce of the spouses. This presumption will not apply with respect to which |! |is born before the expiration of the hundred and eighty days |! |subsequent to the marriage, if the husband did not have |! |knowledge of the pregnancy at the time of marriage and |! |does not judicially know his paternity. The action will be |! |will exercise in the term and form that is expressed in the |! |articles 212 and following. However, the husband will not be able to |! |exercise if for positive acts he has recognized the son |! |after born. It will govern, instead, the presumption of paternity |! |regarding the born three hundred days after |! |decreed the divorce, by the fact of consigning as |! |father the name of the husband, at the request of both |! |spouses, in the birth registration of the child. Thus determined or unknown paternity may |! |be challenged or claimed, respectively, according to |! |with the rules set out in Title VIII. Article 185. The marriage affiliation is |! |determined by the birth of the child during the |! |marriage of their parents, with such that the maternity and the |! |paternity are legally established in conformity |! |with articles 183 and 184, respectively. In the case of the child born before marriage is married, the marriage filiation is determined by |! |the celebration of that marriage, provided that the |! maternity and paternity are already determined with |! |according to article 186 or, in case contrary, by the |! |last recognition as set in the |! |paragraph below. The marriage filiation may also be determined |! |by judgment given in filiation, which is |! |subinscribe to the margin of the Birth certificate |! |of the child. 4. Of the determination of the filiation no |! |marriage. Article 186. Non-marital affiliation is |! |legally determined by the recognition of the parent, |! |the mother or both, or by judgment in the judgment of |! |filiation. Article 187. The child's recognition will be |! |place by a statement made with that |! |determined object by the parent, the mother or both, according to |! |the cases: 1. Before the Civil Registry Officer, at the time |! |of enrolling the birth of the child or In the act of the |! |marriage of the parents; 2. º In the extended act in any time, before |! |any officer of the Civil Registry; 3. º In public writing, or 4. º In act of testamentary. If it is only one of the parents that recognizes, no |! |will be forced to express the person in whom or who |! |had the son. The recognition that is not included in the registration |! |birth of the child, will be subscripted to his margin. Article 188. The name of the |! |parent or the mother, at the request of any of them, |! |at the time of the birth registration, |! |is sufficient recognition of parentage. So is the confession of fatherhood or |! |motherhood, borrowed under oath of course |! |father or mother who is summoned to the judicial presence with |! |such object by the son or, if this is incapable, by his |! |legal representative or whoever has it under his care. In |! |the citation, which will not be able to be exercised more than once with |! |relation to the same person in case of concourse, is |! |will express the object of the same and will be required the |! |personal presence of the supposed father or mother. The act |! |on the record of the confession of paternity or maternity is |! |subinscribe to the margin of the birth registration |! |of the son, for which the court will refer to the Register |! | Civil copy authentic. If the above does not appear personally to the |! |hearing set by the court, a |! |second summons may be requested within the following three months. Any summons ordered in bad faith or with the purpose |! |to injure the honor of the person cited, will force the |! |applicant to indemnify the damages caused to the |! |affected. Article 189. No effect shall be given to the recognition |! |of a child who is legally determined to be a different |! |filiation, without prejudice to the right to exercise |! |the actions referred to in Article 208. Recognition is irrevocable, although it is |! |contained in a will revoked by another act |! |testamentary, and not susceptible of |! |modalities. The recognition will not impair the rights of |! |third parties in good faith who have been acquired with |! prior to the subregistration of this one on the sidelines of the |! |birth registration of the child. Article 190. The recognition by act between |! |alive mentioned in article 187, may be carried out by |! |means of president constituted by public deed and |! |especially empowered with this object. Article 191. The son who, at the time of the |! |recognition, is old, can repudiate it |! |within the term of a year, counted since he |! |met. If it is minor, no one can repudiate it, but the |! |and within a year, to count since, reached the |! |older age, knew of the recognition. The curator of the oldest who is in |! |interdiction for dementia or deafness, will need |! |judicial authorization to be able to repudiate. The sink under interdiction will not need |! |authorization from your legal representative or from the justice |! |to repudiate. The repudiation shall be made by public deed, |! |within the period specified in this article. This |! |writing should be subenrolled to the margin of the |! |birth registration of the child. The repudiation will retroactively deprive the |! |recognition of all effects that benefit |! |exclusively to the son or his descendants, but not |! |will alter the rights already acquired by the parents or |! |third parties, nor will it affect the acts or contracts |! |validly executed or held prior to |! |the corresponding subregistration. Any repudiation is irrevocable. Article 192. You will not be able to repudiate the son who, |! |during his oldest age, has accepted the |! |recognition in express or tacit form. The acceptance is expressed when the title is taken |! |son in public or private instrument, or in act of |! |judicial processing. It is tacit when performing an act that assumes |! necessarily the quality of child and that there is no |! |able to execute but in that character. Article 193. If the child is dead recognized |! |or if the recognized minor dies before reaching the |! |older, his heirs will be able to perform the repudiation |! |within the year following the recognition, in the first |! |case, or death, in the second, holding onto the |! |provisions of the above articles. If the recognized older person dies before |! |expire the term you have to repudiate, your |! |heirs will be able to perform the repudiation during the |! time that would have been missing to complete the said |! |term. Article 194. The repudiation of any of the |! |acknowledgments that result in the marriage filiation |! |of those born before the marriage of the parents, which |! |is granted in accordance with the above rules, |! |will prevent it from being legally determined that filiation. TITLE VIII Of the shares of filiation 1. General rules. Article 195. The law allows the investigation of |! |the paternity or maternity, in the form and with the means |! |previewed in the articles that follow. The right to claim filiation is |! |prescriptible and unrenountable. However, their |! |estate effects are subject to the rules |! |general prescription and waiver. Article 196. The judge will only give course to the lawsuit |! |if with it there are sufficient antecedents that |! |make plausible the facts in which it is founded. When you do not course for this reason, you will order |! |notify your order of trade and per receiver of |! |shift to the person against whom the action was attempted. Article 197. The process will be secret |! |until term sentence is handed down, and they will only have |! |access to it the parties and their judicial proxies. The person who exercises a filiation of |! |bad faith or for the purpose of injuring the honor of the |! |respondent is required to indemnify the |! |damages that cause the affected. Article 198. In the judgments on determination of |! |filiation, maternity and paternity will be able to |! |be established by all kinds of tests, decreed |! |of office or at the request of part. However, for these purposes it will be insufficient |! |alone the testimonial test, and will apply to the |! |of presumptions the requirements of article 1712. Article 199. The pericial tests of character |! |biological will be practiced by the Legal Medical Service or |! |by suitable laboratories for it, designated by the |! |judge. The parties will always, and for once, have |! |right to apply for a new biological expert report. The unjustified refusal of one of the parties to |! |submit to biological expertise sets up a presumption |! |grave against him, which the judge will appreciate in the |! |terms of Article 426 of the Code of Procedure |! | Civil. Article 200. The notorious possession of the quality of |! |child with respect to certain person will also serve |! |for the judge to have sufficiently accredited the |! |filiation, provided it has lasted at least five years |! |continuous and is tested by a set of testimonials and |! |background or reliable circumstances that the |! |establish in an irreferable way. The notorious possession is that his father, mother |! |or both have treated him as a son, providing his |! |education and establishment in a competent way, and |! |presenting him in that character to his deudos and friends; and |! |that these and the neighborhood of your home, in general, |! |you have been reputed and recognized as such. Article 201. The notorious possession of the civil state |! |son, duly accredited, will prefer to the tests |! |pericials of biological character in case there is |! |contradiction between one and the other. However, if there are serious reasons that |! |prove the inconvenience for the child to apply the |! |rule above, the |! |biological tests will prevail. Article 202. The action to impetre the nullity |! |of the act of recognition by vices of the will |! |will prescribe within one year, counted from the |! |date of its bestowal or, in the case of force, from |! |the day in which it has ceased. Article 203. When the filiation has been |! |determined judicially against the opposition of the father |! |or mother, that or this one will be deprived of the fatherland |! |power and, in general, of all the rights that for the |! |ministry of the law are conferred with respect to the |! |person and property of the son or his descendants. The |! |judge will declare it in the judgment and of this it will be |! |will leave constancy in the corresponding subregistration. The parent will keep all of its |! |legal obligations for which the child or her descendants will benefit. However, they will be restored to the father or mother all |! |the rights of those who are private, if the son, |! |achieved his full capacity, manifest by writing |! |public or by will his will to restore him in |! |them. The reset by public write |! |will produce effects from its sub-enrollment to the margin of |! |the child's birth enrollment and will be |! |irrevocable. The reset by testamentary act |! |will produce effects since the death of the causative. 2. Of the claim actions. Article 204. The claim action of the |! |marriage affiliation corresponds exclusively to the |! |child, to the parent or to the mother. In the case of children, the action must |! |enta The joint action against both parents. If the action is exercised by the father or the mother, |! |the other progenitor must intervene forcefully in the |! |judgment, under penalty of nullity. Article 205. The claim action of the |! |non-marital affiliation corresponds only to the child against |! |their parent or their mother, or any of these when the |! |child has a different parentage, for the |! |which will be subject to the Article 208. You will also be able to claim the filiation on the |! |legal representative of the unable child, in the interest of |! |this. Article 206. If the child is posthumous, or if any of the |! |parents fail within one hundred and eighty days |! |following the birth, the action may be directed against |! |of the deceased parent's or mother's heirs, |! |within three years, counted since death |! |or, if the child is unable, since the child has reached |! |full capacity. Article 207. If the child is deceased being |! |unable, the action may be exercised by his heirs, |! |within the three-year period counted from death. If the child dies before passing three |! |years since I reach full capacity, the action |! |will be up to his heirs for all the time that |! |faltare to complete that deadline. The deadline or your residue will start running for the |! |heirs unable since they reach full |! |capacity. Article 208. If the filiation is determined |! |one person and you want to claim a different one, |! |the actions of the |! |challenge of the existing filiation and the complaint |! |of the new filiation must be exercised simultaneously. In this case, they will not govern for the action of |! |impeachment the deadlines outlined in the 3rd paragraph of |! |this Title. Article 209. Judicially claimed filiation, |! |the judge will be able to decree provisional foods in the |! |terms of article 327. Article 210. The mother's concubinate with the |! |supposed father, during the time he has been able to |! |legally produced the conception, will serve as a basis |! |for a judicial presumption of paternity. If the supposed father prove that the mother cohabit |! |with another during the legal period of conception, this |! |only circumstance will not suffice to discard the demand, |! |but will not be able to dictate judgment in the trial without |! 3. Of the actions of impeachment. Article 211. The filiation is left without effect by |! |impeachment of paternity or maternity as you |! |with the precepts that follow. Article 212. The paternity of the child conceived or |! |born during the marriage may be challenged by the |! |husband within one hundred and eighty days following the |! |day in which he had knowledge of the birth, or within the |! |term of one year, counted from that same date, yes |! |proof that at the time of the birth was separated |! |in fact from the woman. The residence of the husband at the place of birth |! |the son will assume that he knew it immediately; to |! |less than to prove that on the part of the woman there has been |! |concealment of the birth. If at the time of birth the husband was found |! |absent, it will be presumed that he knew it immediately afterwards |! |from his return to the residence of the woman; except the case |! |of concealment mentioned in the preceding paragraph. Article 213. If the husband dies without knowing the |! |birth, or before the end of the term to contest |! |noted in the above article, the action |! |will correspond to his heirs, and in general, to all |! |person to whom the intended parenthood irrogare |! |current injury, for that same period, or the time that |! |faltare to complete it. This right will cease, if the parent has recognized |! |the child as yours in his or her will or in another instrument |! |public. Article 214. The fatherhood referred to in the |! |article 212 may also be challenged by the |! |legal representative of the incapable child, in the interest of |! |this, during the year following the birth. The son, by himself, will be able to bring the action of |! |impeachment within a year, counted from within reach |! |full capacity. Article 215. In the impeachment trial of the |! |paternity of the son of marriage filiation, the mother |! |will be quoted, but not forced to look. Article 216. The paternity determined by |! |recognition may be challenged by the child himself, |! |within the two-year period counted since he knew of |! |that recognition. If the child is incapable, this action shall be exercised |! |in accordance with the rules provided for in Article 214. If the child dies unaware of that act, or before |! |give up the deadline to challenge the paternity, the |! |action will be up to his heirs for the same period |! |or the time I will miss to complete it, counted from |! |the son's death. All the above will also apply to contest |! |the paternity of children born before marriage |! |of their parents, but the two-year term will be counted |! |since the son knew of the marriage or of the |! |recognition that they produce it. You will also be able to challenge the given parenthood |! |for recognition every person who proves an interest |! |current in it, within one year since he had that |! |interest and was able to assert his right. Article 217. Maternity may be challenged, |! |proving false birth, or impersonation of the intended |! |son to the real. They have the right to challenge her, within the year |! |next to the birth, the husband of the alleged mother |! |and the same alleged mother. They will also be able to contest it, at any time, the |! |true father or mother of the son, the real son or |! |the one who goes by such if the |! |determination of the true filiation of the son |! |true or supposed. If the impeachment action of the |! |maternity of the intended child will not be filed |! |jointly with the claim, it must be exercised |! |within the year counted since this scope its full |! |capacity. Notwithstanding the expiration of the set deadlines |! |in this article, in the case of going out inopinately to |! |the light some fact incompatible with the maternity |! |putative, you will be able to subsist or relive the respective action |! |for a year counted from the justified disclosure of the |! |fact. Article 218. It will also be granted the action of |! |impeachment to every other person to whom the maternity |! |apparent prejudice currently in their rights over the |! |testamentary succession, or abinterment, of the alleged |! |father or mother, provided it does not exist notorious possession |! |of the marital status. This action will expire within a year, counted |! |since the death of those parents. Article 219. To none of those who have ever had |! |part in the fraud of false birth or impersonation, |! |will take advantage in some way the discovery of the |! |fraud, not yet to exercise on the son the rights |! |of parental authority, or to demand it food, or for |! |happen in your assets by cause of death. The sentence that sanctions the fraud or the |! |impersonation shall expressly state this deprivation |! |of rights and shall be subentered in the margin of the |! |birth registration of the child. Article 220. No challenge shall be given to a |! |filiation determined by a final judgment, without prejudice to |! |of the provisions of Article 320. Article 221. The statement that results in the action |! |claim or challenge must be subregistered to the |! |margin of the child's birth registration, and not |! |will harm the rights of bona fide third parties who |! |have been acquired prior to the |! sub-registration. TITLE IX Of rights and obligations between parents and |! |children Article 222. Children must respect and obedience |! |their parents. The fundamental concern of the parents is the |! |higher interest of the son, for which they will procure their |! |greater spiritual realization and possible material, and the |! will guide in the exercise of the essential rights that |! |emanate from the human nature in accordance with the |! |evolution of their faculties. Article 223. Although emancipation confesses to the |! |son the right to act independently, it remains |! |always obliged to take care of the parents in their |! |ancianness, in the state of dementia, and in all the |! circumstances of the life in which you will need your |! |aid. All others are entitled to the same relief |! |ascending, in case of non-existence or inadequacy |! |of the immediate descendants. Article 224. Touch the parents, or the |! |parent or surviving parent, the personal care of the |! |parenting and education of their children. The personal care of the child not conceived or born |! |during the marriage, recognized by one of the parents, |! |corresponds to the father or mother who has recognized it. If |! |has not been recognized by any of your parents, the |! |person who will have their care will be determined by the |! |judge. Article 225. If the parents live apart, to the |! |mother touches the personal care of the children. However, by public deed, or act |! |extended before any Civil Registry officer, |! |subentered on the margin of birth registration |! |of the child within thirty days following their |! |grant, both parents, acting by common agreement, |! |may determine that personal care of one or more |! |children corresponds to the parent. This agreement may |! |be revoked, fulfilling the same solemnities. In any case, when the child's interest does it |! |indispensable, be it for mistreatment, carelessness or other cause |! |qualified, the judge will be able to surrender his personal care |! |the other of the parents. But you will not be able to trust the care |! |staff to the father or mother who would not have contributed to |! |the maintenance of the child while under the care |! |of the other parent, being able to do so. As long as a sub-registration regarding the care |! |staff is not cancelled by another post, all new |! |agreement or resolution will be inapplicable to third parties. Article 226. May he judge, in the case of |! |physical or moral inability of both parents, trust the |! |personal care of the children to another person or persons |! |competent. In the choice of these people will be preferred to the |! |incongenineos closer, and above all, to the |! Article 227. In the matters referred to by the |! |preceding articles, the judge will know and resolve |! |briefly and summarily, hearing the children and the |! |relatives. Resolutions that are passed, once |! |executed, will be subentered in the form and term that |! |sets article 225. Article 228. The person married to who corresponds |! |the personal care of a child who has not been born of that |! |marriage, you can only have it in the common home, with the |! |consent of your spouse. Article 229. The parent who does not have the |! |personal care of the child will not be deprived of the right nor |! |will be exempt from duty, which consists in keeping with |! |the a direct and regular relationship, the one that will exercise with |! |the frequency and freedom agreed with who has it to |! |his charge, or, failing that, with which the judge would estimate |! |fit for the son. The exercise of this |! |right shall be suspended or restricted when the welfare is manifestly prejudiced |! |of the child, which shall be declared by the court on the grounds of its founding. Article 230. The expenses of education, upbringing and |! |establishment of the children are in charge of the society |! |spousal, according to the rules that dealing with it will be |! |will say. If there is no one, the parents will contribute in |! |proportion to their respective economic faculties. In case of death of the father or mother, those |! |expenses correspond to the survivor. Article 231. If the child has own property, |! |the expenses of his establishment, and if necessary, |! |those of his upbringing and education, they will be able to take them out, |! |preserving the capitals as soon as it is |! |possible. Article 232. The obligation to feed and educate |! |the son who lacks goods, passes, for lack or |! |insufficiency of parents, to his grandparents, by one and |! |another line, jointly. Article 233. In case of disagreement between the |! |obligated to the contribution of the raising expenses, |! |education and establishment of the child, this will be |! |determined according to their economic faculties by |! |the judge, the one who will be able from time to time modify it, |! |depending on the circumstances. Article 234. Parents will have the power of |! |correct the children, taking care that this does not undermine their |! |health or their personal development. If such impairment is produced or feared |!, it shall be the case, the judge, at the request of |! |any person or ex officio, shall decree measures in |! |safeguard of the son, without prejudice to the penalties that |! |correspond to apply for the infraction. When necessary for the child's welfare, |! |parents will be able to ask the court to determine |! |on the future life of the child for the time it considers |! |more convenient, which may not exceed the time limit |! |le falte to comply with. eighteen years of age. The judge's resolutions cannot be modified |! |by the sole will of the parents. Article 235. The provisions contained in the preceding article are extended, in the absence, |! |inability or death of both parents, to any other |! |person to whom the personal care of the |! |child corresponds. Article 236. Parents will have the right and the |! |duty to educate their children, guiding them towards their |! |full development at the various stages of their life. Article 237. The right that the article |! |above is granted to parents, will cease with respect to the |! |children whose care has been entrusted to another person, the |! |which will exercise it with the consent of the guardian or curator, if |! |herself is not. Article 238. The rights granted to parents |! |in the above articles cannot be claimed on |! |the child they have abandoned. Article 239. In the same disenfranchisement |! the parents will incur that because of their moral inability they have |! |given reason to the providence to separate the children of |! |their side; unless this has been later revoked. Article 240. If the child abandoned by his parents |! |has been fed and raised by another person, and |! |they want their parents to take him out of the power of her, they must |! |be authorized by the judge to do so, and previously |! |must pay him the costs of his upbringing. and education, |! |tasered by the judge. The judge will only grant authorization if he estimates, |! |for serious reasons, that it is of convenience to the son. Article 241. If the youngest child is absent from |! |your home is in urgent need, where you cannot |! |be assisted by the parent or parent who has your care |! |staff, be presumed the authorization of this or is |! |for the supplies to be made to you, for any |! |person, in reason of food, given consideration of |! |his social position. The one who makes the supplies must make news |! |from them to the father or mother as soon as it is |! |possible. Any voluntary omission at this point will stop the |! |liability. The saying of the father or mother in the incissos |! |precedents extends in his case to the person to whom, |! |by death or inability of the parents, touch the |! |sustenance of the son. Article 242. The resolutions of the judge under the |! |respects indicated in the above rules are |! |will revoke by the cessation of the cause you have given |! |reason to them, and may also be modified or |! |to be revoked, in any case and time, if there is reason |! |fair, and the legal requirements are met. In any case, to adopt your resolutions the judge |! |will serve, as a primary consideration, to the interest |! |superior of the son, and will duly take into account his |! |opinions, depending on his age and maturity. TITLE X Of parental authority 1. General rules. Article 243. The fatherland power is the set of |! |rights and duties that correspond to the father or the |! |mother over the goods of his unemancipated children. |! | The parental authority will also be exercised over the |! |eventual rights of the unborn child. Article 244. The parental authority will be exercised by |! |the father or the mother or both jointly, according to |! |agree in agreement signed by public deed or |! |act extended before any official of the Registry |! | Civil, which will be subregistered to the margin of the enrollment |! |birth of the child within thirty days |! |following their grant. In the absence of agreement, the father plays the exercise of |! |the parental authority. In any case, when the child's interest does it |! |indispensable, at the request of one of the parents, the judge |! |may entrust the exercise of the fatherland power to the |! |father or mother who lacked it, or root it in one |! |of the parents, if the exercises jointly. Executed the resolution, will be subregistered within the |! |same deadline indicated in the first paragraph. In the absence of the father or mother who has the fatherland |! |power, the rights and duties shall correspond to the other |! |of the parents. Article 245. If the parents live apart, the |! |parental authority will be exercised by the one who has their |! |charge the personal care of the child, according to the |! |article 225. However, by agreement of the parents, or |! |judicial resolution founded on the interest of the son, |! |can be attributed to the other father the parental authority. It will be |! |apply to the agreement or the court judgment, the |! |rules on subregistration provided for in the article |! |precedent. Article 246. While a relative sub-registration |! |the exercise of the parental authority is not cancelled by |! |another subsequent, all new agreement or resolution will be |! |inopable to third parties. Article 247. It will not obstinate the rules foreseen in |! |articles 244 and 245 the regime of goods that could |! |exist between parents. Article 248. Guardian or curator will be appointed to the son |! |whenever paternity and maternity have been |! |determined judicially against the opposition of the father |! |and of the mother. The same thing will happen with respect to the child whose |! |parents have no right to exercise parental authority or |! |whose parentage is not legally determined nor |! |regarding the father or the mother. Article 249. The legal determination of the |! |paternity or maternity puts an end to the guardian in which it is |! |the youngest child will be found and gives to the father or mother, |! |as appropriate, the fatherland power over his assets. 2. Of the legal right of enjoyment over the goods of |! |the children and their administration. Article 250. The fatherland power confers the |! |legal right of enjoyment on all the goods of the son, |! |excepted the following: 1. the goods acquired by the son in the |! |exercise of all employment, trade, profession or industry. |! | The goods included in this number form their livestock |! |professional or industrial; 2. the goods acquired by the son in title of |! |donation, inheritance or legacy, when the donor or |! |terer has stipulated that he does not have the enjoyment or the |! |administration who exercises parental authority; ha |! |tax the condition of obtaining the emancipation, or ha |! |willing expressly to have the enjoyment of these goods |! |the son, and 3. º The inheritances or legacies that have passed to the |! |son by incapacity, indignity or disinheritance of the |! |father or mother who has parental authority. In such cases, the child shall be entitled to the child or to the |! |other parent, in accordance with Articles 251 and 253. The enjoyment of the child's mines will be limited to the |! |half of the products and the father who exercises the fatherland |! |power will respond to the son of the other half. Article 251. The son will look like older |! |for the administration and enjoy his professional livestock |! |or industrial, without prejudice to the provisions in the |! |article 254. Article 252. The legal right of enjoyment is a |! |personal right which consists of the power of |! |use the assets of the child and perceive its fruits, with | ! |charge to preserve the form and substance of such goods |! |and to restore them, if they are not fungible; or with charge of |! |return equal quantity and quality of the same genus, or of |! |pay their value, if they are fungible. The father or mother is not obliged, because of his |! |legal right of enjoyment, to give bail or caution of |! |conservation or restitution, nor to make |! |solemn inventory, without prejudice to the provisions in the |! |article 124. But if you do not make solemn inventory, you must |! |carry a circumstantial description of the goods |! |since you enter to enjoy them. When this right corresponds to the married mother |! |in conjugal society, it will be considered separate |! partially of goods in respect of its exercise and of the |! |that in the obtain. This separation will be governed by the |! |rules of Article 150. If the parental authority is exercised jointly by |! |both parents and no other distribution has been agreed, the |! |legal right of enjoyment will be divided among them by |! |equal parts. The legal right of enjoyment also receives the |! |denomination of legal usufruct of the father or mother over |! |the assets of the son. As soon as it suits its nature, |! |it will be governed by the rules of Title IX |! |of Book II. Article 253. The one who exercises the legal right of |! |enjoyment over the son's assets will have his administration, |! |and the one who is private of this will also be left |! |private of that. If the parent who has parental authority |! |cannot exercise over one or more child's property the |! |legal right of enjoyment, this will pass to the other; and if both |! |were prevented, the full property will belong to the |! |son and will be given a Curator for administration. Article 254. You will not be able to dispose or tax in |! |case any real estate of the son, still |! |belonging to his professional or industrial livestock, nor |! |his hereditary rights, without authorization from the judge with |! |knowledge of cause. Article 255. No donation can be made of any |! |part of the son's property, nor give them on lease by |! |long time, nor accept or repudiate an inheritance |! |deferida to the son, but in the form and with the |! |limitations imposed on the tutors and curators. Article 256. The parent is responsible, in |! |the administration of the son's assets, up to the |! |blambla. The responsibility for with the child extends to |! |the property and the fruits, in those goods of the son |! |in that it has the administration, but not the enjoyment, and it is |! |limits to the property when it exercises both faculties |! |on the goods. Article 257. There will be right to remove the parent or |! |mother, or both, the administration of the goods of the |! |child, when it has been made guilty of dolo, or of serious |! |habitual negligence, and so be established by judgment |! |judicial, which must be subregistered on the margin of the |! |birth registration of the child. You will also lose the administration whenever it is |! |suspend the parental authority, in accordance with the |! |article 267. Article 258. Private one of the parents of the |! |administration of the goods, will have it the other; if |! |none of them have it, the full property |! |will belong to the son, and will be given a curator for the |! |administration. Article 259. At the end of the fatherland power, the |! parents will put their children in knowledge of the |! |administration they have exercised over their assets. 3. Of the legal representation of the children. Article 260. The acts and contracts of the son do not |! |authorized by the father or the mother who has it under his |! |homeland power, or by the assistant curator, if any, |! |will force you exclusively on your professional livestock or |! |industrial. But you will not be able to take money to interest, nor buy the |! |fiado (except in the ordinary turn of said livestock) |! |without written authorization of the persons mentioned. And |! |if you do, you will not be bound by these contracts, |! |but up to the benefit you have reported |! |of them. Article 261. If between the parents there is society |! |spousal, the acts and contracts that the son celebrates |! |out of his professional or industrial livestock and that he |! |father or mother exercising the parental authority authorizes or |! |ratifies in writing, or those that perform in |! |representation of the child, directly force the parent or |! |mother in accordance with the provisions of that regime |! |of goods and, subsidiary, to the child, up to |! |concurrency of the benefit that this has reported of |! |such acts or contracts. If there is no conjugal society, those acts and |! |contracts only force, in the form indicated in the |! |previous paragraph, the father or mother who has intervened. |! | The above does not prevent you from repeating against the other |! |parent, in the part in which you have the right to provide |! |to the needs of the child. Article 262. The minor adult does not need the |! |authorization of his parents to dispose of their goods |! |by act of testamentary to have effect afterwards |! |of his death, nor to recognize children. Article 263. Whenever the child has to litigate |! |as an actor against the father or the mother who exercises the |! |fatherland power, you will need to obtain it from the |! |judge and this, by granting it, will give you a curator for the |! |litis. The father or mother who, having parental authority, |! |litigate with the child, either as a plaintiff or as |! |defendant, will provide him with expense for the judgment, which |! |will incidentally regulate the court, taking in |! |consideration the amount and importance of the debated and |! |the economic capacity of the parts. Article 264. The son cannot appear in judgment, |! |as an actor, against a third, but authorized or |! |represented by the father or mother who exercises the |! |homeland power, or by both, if they exercise it in a manner |! |joint. If the parent, the mother or both deny their |! |consent to the child for the civil action they want |! |try against a third party, or if they are disabled |! |to lend it, the judge will be able to supply it, and in doing so |! |will give the son a curator for the litis. Article 265. In the civil actions against the |! |son the actor must be directed to the father or mother who |! |has the parental authority, to authorize or represent |! |the son in the litis. If both exercise together the |! |fatherland power, it will be enough to run against one |! |of them. If the father or mother does not or does not want to be |! |lend his authorization or representation, the judge may |! |supply it, and give the son a curator for the litis. Article 266. No intervention will be necessary |! |paternal or maternal to proceed criminally against the |! |hijo; but the father or mother who has parental authority |! |will be required to supply you the aid you need |! |for your defense. 4. Of the suspension of the parental authority. Article 267. The parental authority is suspended by the |! |dementia of the father or mother who exercises it, for its minor |! |age, for being in doubt to administer its own |! |goods, and for its long absence or other impediment |! |physical, of which the injury is continued serious in the |! |interests of the child, that the absent parent or mother |! |prevented does not provide. In these cases the parental authority will exercise it |! |another parent, regarding who will be suspended by the |! |same causals. If it is suspended from both, the |! |child will be saved. Article 268. The suspension of the parental authority |! |must be decreed by the judge with knowledge of |! |cause, and after ears about it the relatives of the |! |son and the child advocate; except in the case of the |! |minor age of the father or mother, case in which the |! |suspension will occur in full right. The judge, in the interest of the son, may decree that the |! |father or mother regains the parental authority when there is |! |ceased the cause which motivated the suspension. The resolution that decrees or leaves the |! |suspension must be subsigned to the margin of the |! |birth registration of the child. 5. Of emancipation. Article 269. Emancipation is a fact that puts |! |end to the parental authority of the father, of the mother, or of |! |both, as the case may be. It can be legal or judicial. Article 270. The legal emancipation is effected: 1. º by the death of the father or mother, except that |! |corresponds to exercise the parental authority to the other; 2. º by the decree that gives the provisional possession, or |! |the definitive possession in his case, of the goods of the |! |father or missing mother, except that it corresponds to the |! |another exercise the parental authority; 3. º For the marriage of the son, and 4. º For having fulfilled the son the age of eighteen |! |years. Article 271. The judicial emancipation is performed |! |by decree of the judge: 1. When the father or the mother mistreats |! habitually the son, except that it is appropriate to exercise the |! |fatherland to the other; 2. º When the father or the mother has abandoned the |! |son, except the Case of exception from the preceding number; 3. º When per sentence executed by the parent or the |! |mother has been convicted of a crime that deserves a penalty |! |afflictive, even if they are pardoned, at least |! |that, taken care of the nature of the crime, the judge considers |! |that there is no risk to the interest of the son, or of |! |assume the other father the fatherland In case of physical or moral inability of the father |! |or mother, if it is not for the other to exercise the fatherland |! |power. The judicial decision that decrees the emancipation |! |must be subregistered to the margin of the registration of |! |birth of the son. Article 272. All emancipation, once effected, |! |is irrevocable. Except for this rule the emancipation by |! |presumed death or by judicial judgment founded in the |! |moral inskill of the father or mother, which may be |! |left without effect by the judge, at the request of the |! |respective father or mother, when accredite |! |fehaciently their existence or that has ceased the |! |inability, as the case may be, and furthermore it is stated that the |! |recovery of the fatherland power suits the |! |interest s of the child. The court resolution that |! |a revocation will only produce effects since it is |! |subenroll in the margin of birth registration |! |of the child. The revocation of the emancipation will proceed by a |! |only time. Article 273. The youngest son who emancipates remains |! |subject to guardian. '' 25. Replace Article 305, as follows: '' Article 305. The marital status of married or widowed, |! |and of father, mother or son, will be credited against |! |third parties and will be tested by the respective games of |! |marriage, death, and birth or baptism. The marital status of parent, mother or child is |! |accredara or will also prove by the corresponding |! |registration or subregistration of the act of recognition |! |or from the court ruling that determines the filiation. Age and death may be credited or tested |! |by the respective birth or baptism items, and |! |death. '' 26. Replace Article 309, as follows: ' Article 309. The lack of the departure of |! |marriage may be supplied by other documents |! |authentic, by statements of witnesses who have |! |witnessed the celebration of the marriage and, in default |! |of these tests, by the notorious possession of that state |! |civil. The filiation, in the absence of departure or subregistration, |! |only can be credited or tested by the instruments |! |authentic by which it has been determined |! |legally. In the absence of these, the status of father, mother |! |or son must be tested in the corresponding judgment of |! |filiation in the form and with the means provided in the |! | Title VIII. ''. 27. Repeal Article 311. 28. Replace, in article 312, the word |! | '' civil '', the first time it appears, by the words |! | '' of marriage ''. 29. In article 313, replace the word |! | '' civil '' with '' of marriage. '' 30. Replace Article 315, as follows: '' Article 315. The court judgment pronounced in |! |conformity with the provisions of Title VIII which |! |declares true or false the fatherhood or maternity of the |! |son, not only applies to the persons who have |! |intervened in the judgment, but in respect of all, |! |relatively to the effects that such fatherhood or |! |motherhood carries. '' 31. Replace the second paragraph of article 317, |! |by the following: '' They are also legitimate opponents the |! |heirs of the deceased parent or mother against |! |who the child will be able to direct or continue the action and, |! |also, the heirs of the The deceased child when they are |! |take charge of the action initiated by that or decide |! |engage it. ''. 32. Replace Article 318, by the following: " Article 318. The ruling pronounced in favor or in |! |against any of the heirs harnesses or |! |impairs the coherers who cited no |! |appeared. '' 33. Replace Article 320, as follows: '' Article 320. No prescription or any failure, |! |among any other persons who are |! |pronounced, may object to anyone who is present as |! |true father or mother of the one who passes through the child of others, |! |or as the true son of the father or mother who |! |unknown. The actions that correspond will be exercised in |! |compliance with the rules set forth in the Title |! | VIII and, if applicable, will be notified to the persons who |! |have been parties to the above process of |! |determination of the filiation. ''. 34. Replace the first paragraph of Article 321, |! |by the following: " Article 321. 1. No. To the spouse; 2. to the descendants; 3rd to the ascending; 4th to the brothers, and 5. to the one who made a large donation, if not |! |it was rescinded or revoked. ''. 35. Replace Article 323, as follows: ' Article 323. Food should enable the |! |fed to modestly subsist in a |! |mode corresponding to its social position. They understand the obligation to provide the basic and |! |average teaching and the profession of some profession or profession to the |! |alimentate under twenty-one years. The food |! |that is granted according to article 332 to the descendant or |! |brother over twenty-one years will also understand the |! |obligation to provide the teaching of some |! |profession or trade. ''. 36. Replace Article 324, as follows: ' Article 324. In the case of heinous injury the |! |obligation to provide food will cease. But if the behavior of the |! |food is attenuated by serious circumstances in |! |the behavior of the feeder, the judge may moderate the |! |rigor of this disposition. Only the conduct |! |described in Article 968 is an appalling insult. They will be deprived of the right to order food from the |! |son the father or mother who has abandoned him in his |! |childhood, when the filiation has to be |! |established by means of court judgment against his |! |opposition. ''. 37. Replace Article 326, as follows: '' Article 326. The one who to order food gather |! |several titles of those listed in article 321, |! |you can only make use of one of them, in the following |! |order: 1. ° The one you have according to the number 5. 2. ° The one you have according to the number 1. 3. The number 2nd. 4. The one you have according to the 3rd. 5. No. The 4th number will not take place but is missing |! |of all others. Among several ascendants or descendants must |! |resort to the next grade. Among those of the same |! |grade, as also among several forced by the same |! |title, the judge will distribute the obligation in proportion |! |to his faculties. Having several food regarding |! |of the same debtor, the judge will distribute the food in |! |proportion to the needs of those. Only in the case of the inadequacy of all the |! |forced by the preferred title, can be used to |! |other. ''. 38. Replace Article 330, as follows: ' Article 330. The food is not due but in |! |the part in which the means of subsistence of the |! |food do not reach him to subsist in a way |! |corresponding to his social position. ''. 39. Replace the second paragraph of article 332, |! |by the following: '' With everything, the foods granted to the |! |descendants and the brothers will become due until |! |they are twenty-one years old, unless they are studying a |! |profession or trade, case in which they will cease to be in the |! |twenty-eight years; that they may be affected by a physical incapacity or |! |mental that prevents them from subsisting on their own, or that, |! |by qualified circumstances, the judge considers them |! |indispensable for their subsistence. '' 40. In the first paragraph of article 348, |! |delete the phrase '' by decree of judge '' and replace |! |the guitarianism '' 262 '' by '' 267 ''. 41. Replace in article 354, the word |! | '' legitimate '' by the expression '' or mother ''. 42. In Article 357: a. Interleave the expression '' or mother '' between the |! |words '' parent '' and '' what '', and replace the guarism |! | '' 267 '' with '' 271 ''. b. Add the following point: '' It will also lack these rights the father or |! |mother when the filiation has been determined |! judicially against his opposition. '' 43. Replace Article 358, as follows: '' Article 358. If both the father and the mother have |! |appointed keeper by will, it will be attended in the first |! |place to the appointment made by that of the parents |! |that he exercised the fatherland power of the son. ''. 44. Replace Article 359 by the following: ' Article 359. If it is not possible to apply the |! |rule from the previous article, it will apply to the |! keepers named by the will of the father and of |! |the mother, the rules of articles 361 and 363. ''. 45. Replace Article 360, as follows: '' Article 360. Notwithstanding the provisions in the |! |article 357, the father, the mother and any other |! |person, may appoint a curator, by testament or by |! |act among the living, when they donate or leave the pupil some |! |part of their assets, which are not owed to them from |! |legitimate. This curatorship will be limited to the goods that are |! |donate or leave the pupil. ''. 46. Repeal the final paragraph of Article 367. 47. Replace Article 368, as follows: ' Article 368. It is called to the legitimate guardian of the |! |child not conceived nor born during the marriage the |! |father or mother who has recognized him first, and if both |! |have recognized him at one time, the father. This appeal will put an end to the guardian in which it is |! |the child is recognized, except the case of |! |inability or legitimate excuse of which, according to the paragraph |! |above, is called to exercise it. If the filiation has not been determined or if the |! |filiation has been established judicially against the |! |opposition of the father or mother, the son's keeper will be |! |dativa. '' 48. Delete in the first number of article 375, the |! |word '' legitimate ''. 49. Delete in Article 404, the words |! | '' legitimate or natural ''. 50. Modify article 412, in the following |! |form: a. Replace your point first, by the following: '' Article 412. As a rule, no act or |! |contract in which directly or indirectly has interest |! |the guardian or curator, or his spouse, or any of his |! |ascendants or descendants, or of his or her brothers, or of |! |their consanguineos or kindred to the fourth |! |inclusive, or any of its trading partners, may |! |run or be held but with authorization of the |! |other tutors or general curators, who are not |! |involved in the same way, or by the judge in |! |subsidy. ''. b. Delete in your second paragraph, the words |! | '' legitimate or natural ''. 51. Replace in the first paragraph of the article |! | 428 the expression '' titles IX and XIII '' by '' the |! | Title IX''. 52. Delete in the second paragraph of the article |! | 430, the phrase "legitimate, nor the natural parents." 53. Delete in Article 434, the word |! | '' concrane ''. 54. Replace Article 439, as follows: ' Article 439. The child under curatorship |! |will have the same facu Administrative burdens that the son |! |subject to parental authority, regarding the goods |! |acquired by him in the exercise of a job, officio, |! |profession or industry. The provisions of Article 260 apply to the minor |! |and to the curator. '' 55. Replace the first paragraph of article 443, |! |by the following: " Article 443. The interdiction trial may be |! |provoked by the undivorced spouse of the alleged |! |sink, by any of his consanguineos up to in |! |the fourth grade, and by the public defender. '' 56. Modify article 448, in the form |! |following: a. Replace your point first, by the following: " Article 448. The curatorship will be deferred: 1. º To the ascendants, but the father or mother whose |! |paternity or maternity has been determined |! |judicially against his opposition or who is married to |! |a third will not be able to exercise this charge; 2. º to the brothers, and 3. º To other collaterals until in the fourth |! |grade. '' b. Replace in your second indent the ordinal |! | '' 2nd and 3rd '' by the word '' above ''. 57. Modify Article 449, in the following |! |form: a. Replace your first indent, by the following: " Article 449. The curator of the dissipating husband |! |will manage the spousal society as soon as it is |! |subist and will exercise in full right the guardian of the |! |children in case the mother, for whatever reason, does not |! |exercise the parental authority. '' b. Add in your second paragraph, the following |! |final sentence before the separate point (.) '', when this |! |did not correspond to the parent ''. 58. Add to Article 450 the following paragraph |! |second: '' The married woman in spousal society whose husband |! |sink is subject to curatorship, if she is greater than |! |eighteen years or after interdiction the |! |compliere, shall have the right to request separation of |! |goods. ''. 59. Replace Article 451 by the following: " Article 451. The parent who exercises the |! |curatorship of the dissipating son may appoint by |! |will to the person who, upon his death, has of |! |succeed in the guardian. '' 60. Replace the first paragraph of article 462, |! |by the following: '' Article 462. The curatorship of the |! |demented: 1. º to your undivorced spouse, without prejudice to the |! |provided in article 503; 2. º to his descendants; 3rd to his ascendants, but the father or mother whose |! |fatherhood or maternity has been determined |! |judicially against your opposition or you are married to |! |a third will not be able to exercise office; 4th to your brothers, and 5. º To other collateral until in the fourth |! |grade. '' 61. Delete in the first paragraph of the article |! | 463, the phrase '', and will exercise in full right the guardian |! |of your minor children ''. 62. Replace in the first paragraph of the article |! | 486, the expression '' if while he is in the belly |! |motherly '' by '' if before his birth ''. 63. In Article 497: a. Replace your 9th, by the following: '' 9. º The convicted of crime that deserves grief |! |afflictive, even if they have been pardoned from it; ''. b. Delete it in its number 10, the phrase '' in |! |conformity to the provisions of Articles 223 and 224 ''. c. Replace in your number 11, the guitarianism '' 267 '' |! |by '' 271 ''. 64. Delete in the second paragraph of the article |! | 500, the expression '', legitimate or natural, ''. 65. Delete, in the 8th and 9th numbers of the article |! | 514, the word '' legitimate ''. 66. Delete in article 515, expressions |! | '' legitimate or natural, '' and '' legitimate or natural. '' 67. Delete in Article 516, the expression |! | '' legitimate or natural ''. 68. Delete, in article 518, the final sentence |! | '' legitimate, not a natural father or son ''. 69. Delete it in the 1st of article 766, the |! |phrase '', like that of the father of family, about certain |! |assets of the son ''. 70. Delete, in the third indent of the article |! | 815, the expression "legitimate and natural". 71. In Article 959, replace the semicolon |! |the number 4th with a separate point, and remove the number |! | 5th. 72. Delete in the 2nd of article 968 the |! |word '' legitimate ''. 73. Replace the first paragraph of Article 983, |! |by the following: " Article 983. They are called to the succession |! |interned the descendants of the deceased, their |! |ascendants, the surviving spouse, their collateral, |! |the adopted, if any, and the Fisco. '' 74. Replace Article 986, as follows: ' Article 986. There is always place to the |! |representation in the offspring of the deceased and in the |! |offspring of his brothers. Out of these descent there is no place to the |! |representation. ''. 75. Replace Article 988, as follows: ' Article 988. The children exclude all the |! |other heirs, unless there is also spouse |! |survivor, case in which this concurres with |! |those. The surviving spouse will receive a portion which, |! |as a general rule, will be equivalent to twice as much as |! |by legitimate or effective legitimate corresponds to each |! |child. If there is only one child, the spouse's share will be |! |equal to that child's rigorous or effective legitimate. But in no case does the portion corresponding to the |! |spouse come down from the fourth part of the estate, or from |! |the fourth half of the half would legitimize in your case. Corresponding to the surviving spouse the fourth |! |part of the inheritance or half legitimize, the rest |! |will be divided among the children by equal parts. The fourth part of the reference shall be calculated taking into account the provisions of Article 996. ' 76. Replace Article 989, as follows: ' Article 989. If the decedent has not left |! |posterity, the surviving spouse and his |! will happen to him next degree. In this case, the inheritance will be divided into three |! |parts, two for the spouse and one for the ascendants. |! | In the absence of these, will take all the goods the spouse, |! |and, in the absence of spouse, the ascendants. Having a single ascendant in the degree more |! |next, it will happen in all the goods, or in all the |! |hereditary portion of the ascendants. ''. 77. Replace Article 990, as follows: ' Article 990. If the deceased has not left |! |descendants, neither ascendant, nor spouse, will happen to him |! |his brothers. Among the brothers who speak this article are |! |they will understand even those who only are by the part of |! |father or mother; but the portion of the paternal brother or |! |maternal will be half of the portion of the brother |! |carnal. '' 78. Article 991 should be repealed. 79. Replace Article 992, as follows: ' Article 992. In the absence of descendants, |! |ancestors, spouse and siblings, will happen to the deceased |! |the other collateral of the nearest degree, be of |! |simple or double conjunction, up to the sixth grade |! |inclusive. The collateral of simple conjunction, this is, the |! |they are only relatives of the deceased by father or |! |by mother, they will be entitled to half of the |! |portion of the double-conjunction collaterals, this is, |! |those who at the same time are relatives of the deceased by |! |father and by mother. The collateral or collateral of the degree more |! |next will always exclude the others. '' 80. Article 993 should be repealed. 81. Replace Article 994, as follows: ' Article 994. The temporary divorced spouse or |! |perpetually will have no part in the inheritance |! |abdicate of your wife or husband, if you have given reason |! |to divorce for your guilt. Nor will the parents of the |! |causative substitute if paternity or maternity has been |! |determined judicially against their opposition, except that |! |I will measure the reset referred to in the article |! | 203. '' 82. Add to Article 996 the following paragraph, |! |new: '' In any case the rule of the first paragraph is |! |will apply once fully learned, to those who have |! |right to them, the legitimate and improvements of the |! |inheritance. '' 83. Delete from article 998 the words '' of |! |spousal portion '', contained in the first paragraph, and |! |the comma that precedes them. 84. Eliminate in the first paragraph of the article |! | 1016 the expression '' or legitimized ''. 85. Delete in Article 1107 the word |! | '' legitimate ''. 86. Delete in Article 1162 the words |! | '' legitimate '' and '' legitimate ''. 87. Modify Article 1167, in the form |! |following: a. Delete the number 2, passing the current number |! | 3º to be number 2. b. substitute the number 4th, which happens to be 3rd, by |! |the following: '' 3rd. The fourth of improvements in the succession of the |! |descendants, of the ascendants and of the spouse. '' 88. Repeal paragraph 2. Of the conjugal portion |! |of Title V of Book III, and Articles 1172 to 1178 |! |and 1180 that make up it. 89. Substitute Article 1182, by the following: " Article 1182. They are legitimate: 1. the children, personally or represented by their |! |descent; 2. the ascending, and 3. the surviving spouse. The ancestors of the causative will not be legitimate |! |if the paternity or maternity that constitutes or of the |! |that derives its kinship, has been determined |! |judicially against the opposition of the respective father or |! |mother, except the case of the end of Article 203. |! | Neither will be the spouse who for his fault has given |! |occasion to perpetual or temporary divorce. ''. 90. Replace the second and third points of the |! |article 1184, by the following: '' Not having descendants with right to happen, |! |surviving spouse, nor ascendant, half |! |remaining is the portion of assets that the deceased has |! |able have their own discretion. Having such descendants, spouse or |! |ascendants, the mass of goods, previous ones referred to |! |deductions and aggregations, will be divided into four |! |parts: two of them, or half of the acquis, for |! |the legitimate rigoros; another fourth, for improvements |! |that the deceased has wanted to favor their spouse or |! |one or more of their descendants or ascending, be it or |! |not legitimized, and another fourth, that he has been able to |! |dispose to his arbitrio. ''. 91. Replace the first paragraph of the article |! | 1185, by the following: '' Article 1185.-To compute the fourths that |! |speaks the preceding article, will accumulate |! imaginarily to the liquid acquis all donations |! |revocables e irrevocable, made by reason of legitimate |! |or improvements, according to the state in which they have been found |! |things donated to the time of delivery, but caring |! |of prudentially updating its value to the time of the |! |opening of the succession. '' 92. Replace Article 1190, which follows: ' Article 1190. If a legitimary does not carry the all |! |or part of its legitimate for incapacity, indignity or |! |exinheritation, or because it has disowned it, and does not have |! |offspring with the right to represent you, said all or |! |part will be added to half legitimaria and contribute to |! |form the legitimate legitimate of others. '' 93. Insert in Article 1193 the following |! |modifications: a) Remove the phrase '' and spouse |! |survivor ''. b) Add the following second indent: '' If what has been assigned to the surviving spouse |! |is not sufficient to complete the minimum portion that |! |corresponds to the provisions of the article |! | 988, the difference must also be paid in charge of the |! |fourth of improvements. '' 94. Replace in article 1194 the expression |! | '' excess '' by '' excess or difference '', and the |! |expression '' this excess '' by '' this excess or |! |difference ''. 95. Replace Article 1195, by the following: " Article 1195. From the fourth of improvements can |! |make the donor or test the distribution that you want |! |among their descendants, their spouse and their ascendants; |! |you will be able to assign to one or more of them all the said |! |fourth with the exclusion of others. The levies imposed on the members of the |! |fourth improvement will always be in favor of the spouse, or |! |of one or more of the descendants or ascendants of the |! |teater. ''. 96. Delete in article 1199 the phrase '', but |! |if the surviving spouse in the case of the article |! | 1178, second paragraph ''. 97. Replace the third paragraph of the article |! | 1200, by the following: "If the donor has come to miss any |! |in those ways, donations imputable to his legitimate |! |will be imputed to that of his descendants." " 98. Replace the first and second points of the |! |article 1201, by the following: " Article 1201. It will solve the revocable donation |! |or irrevocable that will be done in the title of improvement to a |! |person who was believed to be a descendant or ascending of the |! |donor and was not. The same will happen if the donor, descendant or |! |ascendient of the donor, has come to be missing for |! |incapacity, indignity, disinheritance or repudiation. ''. 99. Replace in the first paragraph of the article |! | 1203 the phrase '' legitimate or natural child or descendant |! |legitimate of any of them '' by the word |! | '' descendant ''. 100. Replace the first paragraph of the article |! | 1204 by the following: '' Article 1204. If the decedent has promised |! |by public deed between living to his spouse or to |! |any of his descendants or ascendants, than to the |! |sazon was legitimary, not to donate, nor to assign by |! |testament some of the fourth improvement, and |! |later it will contravene its promise, the favored with |! |it will have the right to the allocators of that fourth |! |you find out what would have been valid for you the fulfillment of the |! |promise, pro rata of what your infraction will |! |I will take advantage of. '' 101. Introduce in Article 1208 the |! |following modifications: a. Remove in its causal 1. ª, the word |! | '' legitimate ''. b. Replace in its causal 5. th the expressions |! | '' For having committed a crime to be applied |! |some of the penalties designated in the number 7th of the |! |article 267 '' for the words '' For having committed a |! |crime that deserves sorrow afflictive ''. c. Replace the final paragraph with the following: '' Ancestors and spouse may be |! |disinherited by any of the first three |! |causes. ''. 102. Delete, in the second paragraph of the article |! | 1210, the word '' necessary ''. 103. Replace in article 1220 the phrase |! | '' legitimate or natural children or legitimate descendants |! |of those or of these '' by the words |! | '' descendants, ascendants or spouse ''. 104. Repeal Article 1221. 105. Add the following final paragraph to the article |! | 1225: '' The husband will require the consent of the woman |! |married under the conjugal society regime to accept |! |or repudiate a deferida assignment to her. This |! |authorization will be subject to the provisions in the two |! |last incisos of article 1749. ''. 106. Delete in the first paragraph of the article |! | 1255 the expressions '' the surviving spouse, ''. 107. Add, in article 1318, the following |! |paragraph: '' In particular, the partition will be considered |! |contrary to foreign law if you have not respected the right |! |that article 1337, rule 10., grants to spouse |! |survivor. ''. 108. Add in article 1337 the following |! |rule 10. st new, passing the current 10. th to be 11. th: '' 10. th With all, the surviving spouse will have |! |right to have their hereditary quota found out with |! |preference by adjudication in favor of yours. of the |! |property of the property in which it resides and that it is or has |! |been the main dwelling of the family, as well as of the |! |furniture that keeps it, provided that they form |! |part of the estate of the deceased. If the total value of such goods exceeds the spouse's |! |hereditary quota, the spouse may request that on the |! |things not awarded to you on property, be |! |constitute in your favour rights of room and use, |! |according to the nature of the things, with character of |! |free and lifetime. The right of room will not be opitable to |! |third parties in good faith as long as you do not sign up the |! |resolution that constitutes it in the Register of the |! | Conservative Real Estate. In all the unanticipated, the |! |use and the room will be governed by the provisions in the |! | Title X of Book II. The right to the preferential award that |! |speaks this rule cannot be transferred nor |! |transmitted. ''. 109. Delete, in the second paragraph of the article |! | 1411, the word '' legitimate ''. 110. Delete in article 1424, the word |! | '' legitimate ''. 111. Delete in article 1431, the word |! | '' legitimate ''. 112. Replace in article 1437, the phrase '' y |! |the children of the family '' by '' and the children subject to |! |fatherland power ''. 113. Replace in article 1579, the phrase |! | '' parents or mothers of family for their children, in |! |equal terms '' by the phrase '' parents |! |that they exercise parental authority for their children ''. 114. Replace in article 1796, the words |! | '' family '' by the phrase '' subject to homeland |! |power. '' 115. Delete in article 1969, the words |! | '' family ''. 116. In article 2045, delete: in your number |! | 1, the word '' legitimate ''; in number 2, the word |! | '' legitimate '' the two times it appears; in number 3, |! |the word '' legitimate '' the two times it appears; and in |! |the number 4, the word 'legitimate' '. 117. Replace Article 2049, by the following |! |: '' Article 2049. Attending children conceived or |! |born in marriage with children born before the |! |marriage of their parents, will count the age of these |! |last since the day of the marriage. Attending between |! |if children born before marriage, will count the |! |age of each of them from the day of their |! |birth. ''. 118. Repeal Article 2050. 119. Replace the final paragraph of article 2466, |! |by the following: '' However, the usufruct of the |! |husband shall not be embargable on the goods of the woman, neither that of the father or |! |mother on the goods of the child subject to fatherland |! |power, nor the real rights of use or of |! |room. ''. 120. Replace in the number 4. of the article |! | 2481, the words '' of family '' by the phrase '' subjects |! |a fatherland power ''. 121. Modify article 2483, in the following |! |form: a. Replace in your first paragraph, the phrase |! | '' children of family '' by '' children under parental authority '', |! |and b. Replace in your second paragraph, the words |! | '' family '' by the phrase '' under parental authority ''. 122. Replace in article 2485, the phrase |! | '' of the father or mother of the family '' by '' of the father or mother |! |that he exercises the parental authority ''. Article 2.-Enter the following amendments in Law No 4,808, on Civil Registry: 1. Substitute Article 6, by the following: " Article 6. They shall be subentered in the margin of the birth registration of the child to which they refer, the following acts: 1. The instruments by which he is recognized as a child or by whom the recognition is repudiated; 2. the judgments that give rise to the demand for ignorance of the paternity of the born before the expiry of the one hundred and eighty days after the marriage; 3. the sentences that determine the parentage, or that give place of the challenge of the given filiation; 4. the parental agreements relating to the care 5. the judgments which the child's personal care provides for, decree the suspension of the fatherland or give rise to the judicial emancipation; 6. the judgments that annul the act The other documents which the laws order to subregister in the margin of the birth registration. '. 2. 2. Replace the first paragraph of Article 8, by the following: '' Article 8. and the instruments which, in accordance with this law, must be entered or subregistered in the records, may not be asserted in judgment without prior the registration or sub-registration as appropriate. ''. 3. Replace the third paragraph of Article 17, as follows: ' The Director may also order, on his own initiative or at the request of a party, the rectification of an entry in which the recognition of a child or the judgment is subregistered. determines their affiliation, with the sole purpose of assigning to the registered person the surname or surnames corresponding to him and the names of the father, mother or both, as the case may be. ' 4. Delete in the final paragraph of Article 18, the words 'legitimations or'. 5. Delete, in the final paragraph of Article 20, the expressions '' legitimized or '' and '' as natural ''. 6. Delete Article 30, the word 'legitimate'. 7. Replace the fourth paragraph of Article 31, by the following: " 4. The names, last names, nationality, occupation or office of the parents, or the parents of the father or mother who recognizes or has recognized him. The names of the mother shall be kept on record, even if there is no recognition, where the applicant's statement coincides with the proof of the doctor who has attended the birth, in respect of the identities of the born and the woman who gave birth to it. '' 8. Replace in Article 32, the expression '' to the number 1. º of article 271 '' by '' to the number 1. of Article 187 and to the first paragraph of Article 188 ''. 9. Replace Article 37, by the following: " Article 37. The Official of the Civil Registry shall also express to the contrayents, who may recognize the common children born before marriage, for the purposes of the following article. '' 10. Replace the first and second points of Article 38, as follows: ' Article 38. In the act of marriage, the contrayents may recognize the children previously held, and the registration containing this declaration will produce the effects mentioned in the second paragraph of Article 185 of the Civil Code. They may also agree to a total separation of goods or participation in the ganancias. '' 11. Delete the word 'illegitimate' in Article 39 (10). Article 3.-Enter the following amendments in Law No 17.344, which allows for the change of names and names: 1. Substitute Article 1 (c), by the following: " (c) In cases of non-marital affiliation or in the absence of a marriage determined the filiation, to add a surname when the person had been registered with one or to change one of those who had imposed the birth, when they were equal. '' 2. First, in the second paragraph of Article 4, the word 'legitimate' '. Article 4.-Law No 17,999. Article 5.-Introduces the following amendments in Law No. 16,618, Law of Minors: 1. Replace in the heading of article 42 the guitarianism '' 225 '' by '' 226 ''. 2. Rule 46. 3. Amend Article 47 in the following sense: (a) Replace the guarism '239' 'with' 240 ', and (b) Add at the end, passing the final point (.) to be comma (,), the following expression: "decision to be adopted in founded resolution." 4. Delete in the second paragraph of Article 48, the word 'legitimate'. 5. In Article 49: a. In his second indent, remove the word "legitimate" and add the following final sentence, replacing the point with a comma: "or of the one who has recognized it, if any," b. In your third indent, remove the word 'legitimate' '. c. Repeal your fourth indent. Article 6.-Enter the following amendments in law No. 14,908 on Family Abandonment and Payment of Pension Alimentas: 1. In its article 3: a. Replace in your fourth indent the sentence "the number 5 of Article 271 of the Civil Code" by the following: "the second and third points of Article 188 of the Civil Code." b. Delete the phrase "legitimate, natural, illegitimate or adopted" in its final paragraph, and replace the expressions "grant the necessary food" for "granting them". 2. Remove the second paragraph of Article 4. 3. Replace Article 5, by the following: " Article 5. Civil Registry Officers will have the obligation to let the mother or the person who enrolls a child of undetermined filiation know, the rights of the children to claim the legal determination of paternity or maternity and the way to enforce them before the courts. ''. 4. Replace the first paragraph of Article 15, as follows: ' Article 15. If, in respect of the spouse, the parents, the children or the adoptee, the food by resolution which causes the performance of the food has not been fulfilled in the orderly manner or has ceased to pay one or more of the following: quotas, the court which issued the judgment or the judge having jurisdiction under Article 3, shall, at the request of a party or of its own motion and without a form of judgment, order the debtor to be in the manner laid down in the first paragraph of Article 543 of the Code of Procedure Civil, the judge may, in case of new awards, extend the arrest for up to thirty days. '' Article 7.-Introduces the following amendments in law No. 16,271, of Tax on Herances, Allocations and Donations: 1. Substitute, in the second paragraph of Article 2, the sentence: '' The appropriations for the cause of death corresponding to the spouse and each legitimate ascendant, or natural parent, or adopter, or to each legitimate or natural child, or adopted, or to the (a) the right to be exempt from this tax on the part not exceeding 50 annual tax units. '', as follows: '' The appropriations for the cause of death corresponding to the spouse and each ascending person, or adopter, or to each child, or adopted, or to the offspring of them, shall be exempt from this tax on the part which does not exceed 50 annual tax units. '. 2. Amend Article 26 in the following form: a. Delete the words 'legitimate or natural' in the first indent, and b. Repeal the third indent. Article 8.-Facultate the President of the Republic to fix the recast, coordinated and systematized text of the Civil Code and the laws that are expressly modified in this law, as well as for all those legal bodies which provide for parents, relatives, parents, children, descendants or legitimate, natural and illegitimate relatives, relatives, parents, relatives, children, for which they may incorporate the amendments and derogations which have been the subject of such express as tacitly; to bring together provisions directly and substantially in the same text (i) to introduce formal changes, whether in terms of wording, to maintain the logical and grammatical correlation of phrases, to qualifications, to the location of precepts and others of a similar nature, but only in the extent to which they are indispensable for their coordination and systematization. The exercise of these powers may not, in any case, matter, the alteration of the true meaning and scope of the legal provisions in force. Article 9.-This law shall enter into force one year after the date of its publication in the Official Journal. TRANSITIONAL ARTICLES Article 1.-All who have the status of a natural child at the date of entry into force of this law shall have the rights that it establishes. The father or mother whose paternity or maternity has been judicially determined in accordance with the numbers 2nd, 3rd and 4th of the previous article 271 of the Civil Code, shall have the quality, obligations and rights that this law attributes to the father or the mother whose paternity or maternity has been judicially determined against her opposition. However, hereditary rights will be governed by the law in force at the time of the opening of the succession. Article 2.-Persons who do not have a certain affiliation to the entry into force of this law, may claim it in the form and according to the rules established in it, except as provided for in the transitional article. Consequently, the person who has attempted an action to obtain food according to the previous Article 280, numbers 1, 2, 3 or 5 of the Civil Code, may demand the claim of the state of the child according to the provisions that establishes this law. They may also claim the affiliation in accordance with the rules established by this law for those who have exercised in respect of a person all the citations provided for in the previous articles 271 number 5º and 280 number 4 of the Civil Code, without have obtained the quality of natural or simply illegitimate child with the right to food, but they will not be able to request the summons of the same person in accordance with the new article 188 of the same Code. In any event, persons who have acquired the right to food in accordance with Articles 280 to 291 of the Civil Code or any benefit of a pecuniary character under special laws shall retain those rights until their date. expiry in accordance with the respective rules. Hereditary rights shall be governed by the law in force at the time of the opening of the succession. Article 3.-Persons who, under the legislation that this law modifies, are determined by a court judgment or transaction approved by the courts, the right to receive necessary food, may request the adequacy of the pension In accordance with the new article 323 of the Civil Code that this law establishes. However, no pension shall be altered in any event prior to the entry into force of this law. Article 4.-The guardian to which the natural son is subject shall expire by the entry into force of this law, when according to it the son shall be subject to parental authority. The respective parent or parent will enter full right in the exercise of the proper parental authority. The voluntary emancipations carried out in accordance with the previous Article 265 of the Civil Code shall retain the value and effects attributed to them by the text of that provision. Article 5.-The time limits for challenging, disknowing or claiming filiation, paternity or maternity, or for repudiating or legitimizing a subsequent marriage, which have begun to run according to the provisions of this law repeals or amends shall be subject to those provisions in their duration, but the ownership and the manner in which such actions or rights are to be exercised shall be governed by this law. The time limits referred to in the preceding paragraph which have not begun to run, even if they relate to children born before the entry into force of this law, shall be in accordance with the new legislation. However, paternity or maternity may not be claimed in respect of persons who have died prior to the entry into force of this law. However, the actions referred to in Articles 206 and 207 of the Civil Code may be brought within a period of one year from the date of entry into force of this law, provided that there has been no enforceable judicial judgment rejecting the pretense of paternity or maternity. In this case, the declaration of paternity or maternity will produce property consequences for the future and will not be able to damage rights acquired previously by third parties. Article 6.-This law shall not alter the effect of res judicata of the judgments executed prior to its entry into force, even if they resolve on actions of civil status, of ignorance, impeachment or claim of the parentage, paternity or maternity, attribution and suspension of the parental rights or emancipation of the child. '' And because I have had to approve and sanction it; therefore, promulgate and take effect as the Law of the Republic. Santiago, 13 October 1998.-EDUARDO FREI RUIZ-TAGLE, President of the Republic.-Maria Soledad Alvear Valenzuela, Minister of Justice.-Josefina Bilbao Mendezona, Minister for Women's National Service. What I transcribe to you for your knowledge.-Salutes intently to Ud., José Antonio Gómez Urrutia, Assistant Secretary of Justice.