Why Paragraphs 9, 10, 11, 12 And 13 Of Article 42 Of The Constitution Are Developed

Original Language Title: Por la cual se desarrollan los incisos 9, 10, 11, 12 y 13 del artículo 42 de la Constitución Política

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Law 25 of 1992 (December 17)
Official Gazette No. 40693 of December 18, 1992
Whereby paragraphs 9, 10, 11, 12 and 13 of Article 42 of the develop Political constitution. Summary

Term Notes
CONGRESS OF COLOMBIA DECREES
:
ARTICLE 1o. Article 115 of the Civil Code be added with the following subsections:
"They will have full legal effect marriages celebrated according to the canons or rules of any religious denomination or church that has subscribed to this concordat or international law or treaty agreement public law with the Colombian government.
"agreements in the preceding paragraph may be held only with religious denominations and churches that have legal status, they are entered in the register of religious entities of the Ministry of Government, accredit own provisions on the matrimonial regime are not contrary to the Constitution and guarantee the seriousness and continuity of their religious organization.
"In these instruments will ensure full respect of fundamental constitutional rights." Effective Jurisprudence

Article 2.
. Article 68 of Decree Law 1260 of 1970 will be added with the following paragraphs:
"The Marriage certificates issued by religious authorities should register at the Registry Office corresponding to the place of celebration
status. "When registration certificate must be attached certification genuine competition on the religious minister who officiated the marriage"

the 3rd ARTICLE Article 146 of the Civil Code shall read as follows:..
"the State recognizes the own competence religious authorities to decide by judgment or other providence, according to its canons and rules, disputes concerning the nullity of marriages solemnized by the respective religion. "Effective


Jurisprudence ARTICLE 4. Article 147 of the Civil Code shall read as follows:
"the orders of marriage annulment handed down by the authorities of the respective religion, once executory, the judge should contact family or promiscuous family domicile of the spouses, who decreed his implementation for the civil effects and shall order the registration in the Civil Registry.
"The invalidity of the bond of religious marriage shall have civil effects from the strength of the providence of the competent judge to order his execution." Effective Jurisprudence


The 5th ITEM. Article 152 of the Civil Code shall read as follows:
"Civil marriage is dissolved by the actual or presumed death of a spouse or divorce judicially decreed
." The civil effects of any religious marriage shall cease through divorce decreed by the family court or promiscuous family.
"In terms of the bond of religious marriages will govern the canons and regulations of the religious order". Effective Jurisprudence


ARTICLE 6o. Article 154 of the Civil Code, as amended by the First Law of 1976, will read:
"The grounds for divorce:
1 Extramarital sex of one of the spouses, unless the plaintiff has consented,. facilitated or forgiven.


Jurisprudence Term 2. the serious and unjustified breach by either party of the duties imposed by law as such and as parents.
. 3 outrages , cruel treatment and mistreatments of work.
. 4 habitual drunkenness of one spouse.
. 5 regular use of hallucinogens or narcotics without medical prescription.
6. Any illness or serious and incurable physical or psychological, of one spouse, that endangers the mental or physical health of the other spouse and the marital community abnormality impossible.


Effective Decisions 7. Any conduct one spouse tending to corrupt or pervert the other, a descendant, or people in their care and live together under one roof.
8. The separation, legal or factual, which has lasted for more than two years. Effective Jurisprudence


9. The consent of both spouses expressed before a competent judge recognized this by judgment "Effective


Jurisprudence ARTICLE 7. The first paragraph of Article 427 of the Code of Civil Procedure shall be added with the following paragraph:.." 6. The cessation of the civil effects of religious marriages. "
The literal b) of Article 5 of Decree 2272 of 1989 shall read as follows:
" B) the divorce, cessation of civil effects and separation, mutual .. agreement "
the first paragraph of Article 5 of Decree 2272 of 1989 shall read as follows:

"Nullity of civil marriage and divorce and the cessation of civil effects of religious marriage." Effective Jurisprudence


Article 8. The fourth paragraph of paragraph one of article 435 of the Code of Civil Procedure shall read as follows:
"4 divorce, cessation of civil effects of religious marriage and separation, by consent of both spouses.". Effective Jurisprudence


Article 9. Effective Notes

Effective Jurisprudence

Legislation Previous


Article 10. Article 156 of the Civil Code, as amended by Article 6. First Law of 1976, will read:
"Divorce can only be claimed by the spouse who has not given rise to the facts that motivate and within the period of one year from when they became aware of them regarding 1a grounds. And 7a. Or from when it happened , regarding causal 2a., 3rd., 4th. and 5th., in any case 1a. and 7a. causes can only be claimed within two years of its occurrence. " Effective Jurisprudence


Article 11. Article 160 of the Civil Code, as amended by the First Law of 1976, will read:
"Ejecutoriada the judgment decreeing divorce, is dissolved the link in civil marriage and cease the civil effects of religious marriage, likewise, the conjugal partnership is dissolved, but remain the rights and duties of the parties regarding the common children and, as appropriate, the rights and duties of the spouses eating each other. " Effective Jurisprudence


ARTICLE 12. Causal, powers, procedures and other regulations established for divorce, cessation of civil effects of religious marriage, separation and separation of property shall apply to all types of marriage held before or after this Law. Jurisprudence Effective


ARTICLE 13. In accordance with the concordat, civil effects to Catholic marriages are recognized at any time. For other religious denominations and churches, this Act shall apply once the requirements set forth in article 1. of this Law.

ARTICLE 14. Transitory. The rulings issued on the basis of the grounds of the First Law of 1976, by direct application of the eleventh paragraph of Article 42 of the Constitution, have all the value that points them procedural law. Effective Jurisprudence


Article 15. This Law governs from the date of its enactment and repealing article 5. First Law of 1976 amending Article 155 of the Civil Code, Decree 2458 of 1988, Decree 1900 of 1989 and the provisions that are contrary.
The President of the honorable Senate, BLACKBURN JOSE C.

The Secretary General of the honorable Senate,
PUMAREJO PEDRO VEGA.
The President of the honorable House of Representatives,
CÉSAR GARCIA PEREZ.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
TAFUR.
Republic of Colombia - National Government.
Published and execute.
Bogota, DC, December 17, 1992.
César Gaviria Trujillo.
The Minister of Justice. Andrés González Díaz



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