Through Which Partially Amending Act 54 Of 1990 And Nimble Mechanisms Are Established To Demonstrate The Marital Union And Its Economic Effects Between Permanent Companions

Original Language Title: Por medio de la cual se modifica parcialmente la Ley 54 de 1990 y se establecen unos mecanismos ágiles para demostrar la unión marital de hecho y sus efectos patrimoniales entre compañeros permanentes

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LAW 979 2005
(July 26)
Official Gazette No. 45,982 of July 27, 2005
By which partially amending Act 54 of 1990 and nimble mechanisms are established to demonstrate the marital union and its economic effects between permanent companions.
CONGRESS OF COLOMBIA DECREES
:
ARTICLE 1o. Article 2o. Act 54 of 1990, shall be as follows:
Article 2o. patrimonial society between permanent companions are presumed and no place to declare judicially in any of the following cases: Case Law Effective


A) When there is marital union for a period not less than two years between a man and a woman without legal impediment to marriage; Effective Jurisprudence


B) Where there is a marital union for a period not less than two years and legal impediment to marriage by one or both permanent companions, as long as society or previous marital partnerships have been dissolved and liquidated at least one year before the date the marital union began. Effective Jurisprudence


The permanent companions who are in any of the above cases may declare the existence of the holding company by going to the following means:
1. By mutual consent declared by public deed before a notary where vouching for the existence of that company and prove the marital union and other budgets that are envisaged in paragraphs a) and b) of this Article.
2. By expressly stated in a memorandum signed by legally recognized center conciliation proving the existence of the requirements in paragraphs a) and b) of this article. Effective Jurisprudence

Article 2.
. Article 4o. Act 54 of 1990, will read: Article 4.
. The existence of the marital union between permanent companions, be declared by any of the following mechanisms:
1. By public deed before a notary by mutual consent of the permanent partners.
2. By Act of Settlement signed by the permanent companions, legally constituted in center.
3. By judgment, by the ordinary means of proof enshrined in the Code of Civil Procedure, with knowledge of Family Judges of First Instance. Effective Jurisprudence


ARTICLE 3. The article 5. Act 54 of 1990, shall be as follows:
article 5. The patrimonial society between permanent companions dissolved by the following facts:
1. By mutual consent of the permanent companions to high public deed before a notary.
2. By agreement between permanent companions, by the Minutes before a legally recognized Conciliation Center.
3. By judgment.
4. By the death of one or both partners. Effective Jurisprudence


ARTICLE 4. Article 6o. Act 54 of 1990, will read: Article 6.
. Any of the permanent companions or their heirs may the declaration, dissolution and liquidation of the Heritage Society and the allocation of goods to order.
When the cause of the dissolution and liquidation of the Company Patrimonial is, the death of one or both permanent companions, the liquidation may be made within the respective process of succession, provided that previously has achieved its declaration pursuant to in this law. Effective Jurisprudence


The 5th ITEM. This law applies from the date of its enactment and repeal the provisions that are contrary.
The President of the honorable Senate,
Luis Humberto Gómez Gallo.
The Secretary General of the honorable Senate, Ramon Emilio Otero
Dajud.
The President of the honorable House of Representatives, Zulema Jattin
Corrales.
The Secretary General of the honorable House of Representatives, Angelino Lizcano Rivera
.
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and enforced.
Given in Bogotá, DC, on July 26, 2005.

Alvaro Uribe Minister of Interior and Justice,
Sabas Pretelt de la Vega.

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