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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25 OF 1992

(December 17)

Official Journal No. 40.693 of 18 December 1992

By which points 9, 10, 11, 12 and 13 of article 42 of the Political Constitution are developed.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. Article 115 of the Civil Code will be added with the following incites:

" shall have full legal effects on marriages concluded in accordance with the royalties or rules of any religious confession or church that has subscribed for this purpose or treaty of International Law or the Convention of Internal Public Law with the Colombian State.

" The agreements that the previous paragraph deals with can only be concluded with religious confessions and churches that have legal status, register with the religious entities of the Ministry of Government, credit provisions on the matrimonial property regime that are not contrary to the Constitution and guarantee the seriousness and continuity of their religious organization.

"In such instruments, full respect for fundamental constitutional rights will be guaranteed."

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ARTICLE 2o. Article 68 of Decree-Law 1260 of 1970 will be added with the following incissos:

" Marriage Acts issued by the religious authorities shall be registered with the Office of the Registry of the Civil State for the place of their celebration.

"The registration certificate must be annexed to authentic certification of the competence of the religious minister who officiated the marriage."

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ARTICLE 3o. Article 146 of the Civil Code will be as follows:

" The State recognizes the jurisdiction of the religious authorities to decide by judgment or other providence, in accordance with its canons and rules, the disputes concerning the nullity of the marriages concluded by the respective religion ".

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ARTICLE 4o. Article 147 of the Civil Code will remain so:

" The providences of marriage nullity offered by the authorities of the respective religion, once executed, must be communicated to the judge of the family or promiscuous family of the domicile of the spouses, who will decree their execution in the civil effects and order the registration in the Civil Registry.

"The nullity of the bond of religious marriage shall have civil effects from the firmness of the providence of the competent judge ordering its execution."

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ARTICLE 5o. Article 152 of the Civil Code will remain so:

" Civil marriage dissolves by the actual or presumed death of one of the spouses or by judicially decreed divorce.

" The civil effects of every religious marriage will cease by divorce decreed by the family judge or promiscuous family.

"In the matter of the bond of religious marriages, the canons and norms of the corresponding religious order will govern."

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ARTICLE 6o. Article 154 of the Civil Code, as amended by the First Act of 1976, will remain so:

" They are divorce causes:

1. The extramarital sexual relationships of one of the spouses, unless the plaintiff has consented, facilitated or forgiven them.

2. The serious and unjustified failure by any of the spouses of the duties that the law imposes on them as such and as parents.

3. The outrages, the cruel treatment and the maltreatment of work.

4. The usual drunkenness of one of the spouses.

5. The usual use of hallucinogenic or narcotic substances, except medical prescription.

6. Any serious and incurable, physical or psychiatric illness or abnormality of one of the spouses, endangering the mental or physical health of the other spouse and making the marriage community impossible.

7. Any conduct of one of the spouses tending to corrupt or pervert the other, a descendant, or people who are in their care and live under the same roof.

8. Separation of bodies, judicial or indeed, that has endured for more than two years.

9. The consent of both spouses has been brought before a competent judge and recognized by the court by judgment. "

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ARTICLE 7o. The first paragraph of article 427 of the Civil Procedure Code will be added with the following numeral: " 6. Cessation of the civil effects of religious marriages ".

Article 5 (b) of Decree 2272 of 1989 will thus be:

"B) Of divorce, cessation of civil effects and separation of bodies, by mutual agreement."

The first number of item 5o. Decree 2272 of 1989 will thus remain:

"From the nullity and divorce of civil marriage and the cessation of civil effects of religious marriage."

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ARTICLE 8o. The numeral quarter of the first paragraph of article 435 of the Civil Procedure Code will be as follows:

" 4. Divorce, cessation of civil effects of religious marriage and separation of bodies, by consent of both spouses. "

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ARTICLE 9o. 167 of Law 446 of 1998 >

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ARTICLE 10. Article 156 of the Civil Code, as amended by Article 6o. of the First Law of 1976, thus:

" Divorce may only be sued by the spouse who has not given rise to the facts that motivate him and within the term of one year, counted from when he became aware of them in respect of the causals 1a. and 7a. or from when they occurred, regarding the causals 2a., 3a., 4a. and 5a., in any case the causes 1a. and 7a. may only be alleged within two years of their occurrence".

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ARTICLE 11. Article 160 of the Civil Code, as amended by the First Act of 1976, will remain so:

" Executed the sentence that decrees the divorce, the link in the civil marriage is dissolved and the civil effects of the religious marriage cease, likewise, the conjugal society dissolves, but the duties and rights of the parties subsist in respect of the common children and, as the case may be, the food rights and duties of the spouses to each other. '

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ARTICLE 12. The causes, competencies, procedures and other regulations established for divorce, cessation of civil effects of religious marriage, separation of bodies and separation of property, shall apply to any type of marriage, concluded before or after this Law.

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ARTICLE 13. According to the Concordat, civil effects are recognized for Catholic marriages held at any time. For other religious confessions and churches, this Law shall apply once the requirements laid down in Article 1or are met. of this Law.

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ARTICLE 14. TRANSIENT. The judgments based on the grounds of the First Act of 1976, by direct application of Article 42 11) of the Constitution, will have all the value that the procedural law points to them.

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ARTICLE 15. This Law governs from the date of its enactment and repeals Article 5o. of the First Act of 1976, amending Article 155 of the Civil Code, Decree 2458 of 1988, Decree 1900 of 1989 and the provisions that are contrary to it.

The President of the honorable Senate of the Republic,

JOSE BLACKBURN C.

The Secretary General of the honorable Senate of the Republic,

PEDRO PUMAREJO VEGA.

The President of the honorable House of Representatives,

CESAR PEREZ GARCIA.

The Secretary General of the honorable House of Representatives,

DIEGO VIVAS TAFUR.

Republic of Colombia-National Government.

Publish and execute.

Santafe de Bogota, D.C., December 17, 1992.

CESAR GAVIRIA TRUJILLO.

The Minister of Justice.

ANDRES GONZALEZ DIAZ

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