979 OF 2005

(July 26)

Official Journal No. 45.982 of 27 July 2005

By means of which Law 54 of 1990 is partially modified and there are some agile mechanisms to demonstrate the marital union in fact and its property effects among permanent companions.

THE CONGRESS OF COLOMBIA,

DECRETA:

ARTICLE 1o. Article 2o. of Law 54 of 1990, will be thus:

Article 2o. It is presumed to be a patrimonial society among permanent companions and there is a place to declare it judicially in any of the following cases:

a) When marital union is in fact for a period of not less than two years, between a man and a woman without legal impediment to marry;

b) When there is a marital union in fact for a period of not less than two years and legal impediment to marriage by one or both permanent partners, as long as society or societies previous spousal have been dissolved and liquidated at least one year before the date the marital union was started done.

Permanent colleagues who are in any of the above cases will be able to declare the existence of the heritage company by going to the following means:

1. By mutual consent declared by public deed before Notary where they attest to the existence of such a company and accredit the marital union in fact and the other budgets provided for in literals (a) and (b) of this Article.

2. By means of an express expression, by means of an act signed in a legally recognised conciliation centre demonstrating the existence of the requirements laid down in subparagraphs (a) and (b) of this Article.

ARTICLE 2o. Article 4o. of Law 54 of 1990, will be thus:

Article 4o. The existence of the marital union in fact among permanent companions shall be declared by any of the following mechanisms:

1. By public deed before Notary by mutual consent of the permanent companions.

2. By the Conciliation Act subscribed by the permanent companions, in a legally constituted center.

3. By judicial judgment, by means of the ordinary means of proof enshrined in the Code of Civil Procedure, with knowledge of the Judges of the Family of First Instance.

ARTICLE 3o. Article 5o. of Law 54 of 1990, will be thus:

Article 5o. The patrimonial society among permanent companions is dissolved by the following facts:

1. By mutual consent of permanent companions elevated to Public Deed before Notary.

2. By common agreement among permanent colleagues, by means of the act signed before a legally recognized Conciliation Center.

3. By Judicial Sentence.

4. By the death of one or both companions.

ARTICLE 4. Article 6o. of Law 54 of 1990, will be thus:

Article 6o. Any of the permanent companions or their heirs may request the declaration, dissolution and liquidation of the Heritage Society and the award of the assets.

When the cause of the dissolution and liquidation of the Patrimonial Society is, the death of one or both permanent companions, the liquidation can be done within the respective succession process, as long as its previous statement in accordance with the provisions of this law.

ARTICLE 5o. This law governs from the date of its enactment and repeals any provisions that are contrary to it.

The President of the honorable Senate of the Republic,

Luis Humberto Gomez Gallo.

The Secretary General of the honorable Senate of the Republic,

Emilio Ramon 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.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada in Bogotá, D. C., on July 26, 2005.

ALVARO URIBE VELEZ

The Minister of the Interior and Justice,

Sabas Pretelt de la Vega.