Published D.O. 9 may/013-NAº 28710

Act NAº 19,075

EQUAL MARRIAGE

NORMAS

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:

---

ArtAculoA 1Aº. -A Sustit, then the ArculoA 83 of the Civil Code, by the following:

	" ARTACULOA 83.-Civil marriage is the permanent one, according to the law, of two persons of different or equal sex.
	A Civil marriage is mandatory throughout the territory of the State, not being recognized, as of July 21, 1885, another legAtimo that the celebrated pursuant to this Chapter and subject to the provisions laid down in the laws of the Civil State Registry and its regulations. "

ArtAculoA 2Aº. -A Sütse the 97 of the Civil Code, by the following:

" ARTACULOA 97.-The complaint, or not having been filed, shall be deemed inadmissible by the Civil State Officer to celebrate the marriage in public, pro tribunali, in the presence of four witnesses relatives or after, receiving the declaration of each contractor, who want to join in civil marriage. The Civil State Officer, in the name of the law, shall be declared to be united in legal marriage, and shall, in the form of a record, be lifted up, giving copies to the contrayants, if they are asked to do so. "

ArtAculoA 3Aº. -A Sustituses the denominations of Sections I and II, of Chapter IV, of Title V "Of The First Book" of the Civil Code, for the following:

	" Secciation I Of the duties of the cönnyuges to their children and their obligation and that of other relatives to lend themselves to food.
	A Section II Of the rights and obligations between the cönnyuges ".

ArtAculoA 4Aº. -A Sustitueof the 129 Civil Code, by the following:

	" ARTACULOA 129.-Coexistence duty is recAproc between cönynyges.
	A Both will contribute to household expenses (artAculoA 121) proportionally to their economic situation. "

ArtAculoA 5Aº. -A Sustit, and the ArculoA 148 of the Civil Code, by the following:

	" ARTACULOA 148.-Separation of bodies can only take place:
	1Aº)	For the adultery of any of the cönnyuges.
		A There is adultery, when sexual relationships were maintained outside of marriage with people of the same or different sex, which shall be understood without prejudice to the provisions of Article 127, second, of this Code.
	2Aº)	For the attempt of one of the cönnyuges against the life of the other, pronounced the criminal sentence damning.
	3Aº)	By severe sevices or injuries from each other. These causes will be appreciated by the Judge taking into account the education and condition of the aggrieved party.
	4Aº)	By the proposal of any of the cönnyuges to prostitute the other cönynyuge.
	5Aº)	By the conato of any of the cönnyuges to prostitute their children or minors in charge and by the connivance in the prostitution of those.
	6Aº)	When there are between the cönyjüges rià ± as and continuous disputes, that make life unbearable for them
	7Aº)	For the conviction of one of the sentences to penitentiary penalty for more than ten years.
	8Aº)	By voluntary home abandonment that makes one of the cönyüges, provided it has lasted longer than three years.
	9Aº)	By the fact, uninterruptible and voluntary separation of at least one of the cönnyuges For more than three years, whatever the reason has caused it.
	10)	For the inability of any of the cönynyges when it has been declared by mental illness permanent and irreversible (artAculoA 431 and following as soon as applicable) and provided that the following requirements are met:

		A)	That the statement has been executed declaring the incapacity.
		B)	Which, in the judgment of the Judge, supported in opinion Mental illness is of such a nature that the reestablishment of the spiritual community and material of the state of marriage cannot be expected.

		A Executed the statement, the cackyuge or excelnyyuge in its case should contribute to maintaining the The economic situation of the incapable, in conjunction with all the others required by law to the food supply according to the applicable provisions (artAculosA 116 et seq.).
	11)	By changing the identity of the entity when it occurs after the one-time marriage, even if this change rolled back to a previous identity ".

ArtAculoA 6Aº. -A Sustitueof the 149 Civil Code, by the following:

" ARTACULOA 149.-The separation of bodies action will not be attempted, but by one of the cönyjüges, but none of them will be able to found the action in your own fault. "

ArtAculoA 7Aº. -A Sütse the items 157 and 158 of the Civil Code, for the following:

	" ARTACULOA 157.-Declined the interim separation, the Judge at the instance of the party mandarA to proceed to the inventory of the inventory of the goods marriage, as well as all measures conducive to ensuring their good administration, being able to separate any of the administration or to demand bail. "
	" ARTACULOA 158.-SerA null all obligations set against by any of the cönnyuges in charge of the spousal society, as the enajenations they are made of the goods of that society, as long as they are in contravention of the judicial providences that have been dictated and registered in the respective Registry ".

ArtAculoA 8Aº. -A SustitueA 161 from the Civil Code, by the following:

	" ARTACULOA 161.-Produced reconciliation, the plaintiff's cidynyuge can again start the action, already for cause superviniente-in which case it could make use of previous ones to support it-already because of previous cause that would have been ignored by the actor at the time of reconciliation.
	A The law presumes reconciliation when both cônnyuges cohabitate, after having ceased the habitation. "

ArtAculoA 9Aº. -A Sütse the article 183 of the Civil Code, which will be worded as follows:

	" ARTACULOA 183.-When the marriage has lasted longer than an aA ± o, the cânnyuge or ex cânnyuge will be left in the obligation to contribute to the concrane and decent The maintenance of the cidynyuge or ex cõnyuge not guilty of the separation, for a period equal to the duration of the marriage, with a penalty that allows the beneficiary to preserve as much as possible the position that will have during the marriage.
	A Tambiiñe will be fixed a food penalty with a crane, if the marriage has lasted at least one year and who asks for the penalty to prove that it was the one in charge of the tasks within the home. This penalty should be served for as long as marriage has lasted.
	The crane penalty will be determined taking into account the following aspects:

	a)	The capabilities of the obligated and the needs of the payee, in particular, the goods that are received by the settlement and the post-community index;
	b)	specifically regarding the payee:
		1.-	the total or partial departure of the beneficiary of working life, as a result of their dedication to married or family life;
		2.-	the effective capabilities of insertion or reinsertion into working life, taking into account their personal abilities, age, health and other actors in the specific case, and in general, all those elements that incited or had incited to hinder or impede their decent support.

	A In situations that warrant it, the beneficiary of the food may maintain his or her right to receive the time limit set in the the first of this article, attentive to the duration of the life of marriage, to the age of the beneficiary, and its incidence in the difficulty or high probability of reinsertion of this in the working life. In the absence of agreement, nor will the maintenance of the law be demanded within such time limits, the cessation of the pension service will be automatically produced.
	A In the event of a divorce by judgment, the guilty of the separation may be the sole discretion of one of the cönnyyges. accredit in the food judgment.
	A The cónynyuge o ex cónónyuge que se lfind en la destitution has derecho a ser socorrido por su consort, en lo que negra para su esimimo sustentoría, although it is the one that caused the separation.
	A For the purposes of the deadlines referred to in the above, it will be computed as the duration of the marriage the time elapsed between its celebration and the judgment which decrees the provisional separation of the cónijüges (artAculoA 154) ".

ArtAculoA 10. -A Sustit, and the ArculoA 187 of the Civil Code, by the following:

" ARTACULOA 187.-Divorce can only be ordered:

	1Aº)	For the causes enunciated in the article 148 of this CACODE.
	2Aº)	By mutual consent of the cönnyuges.
		A In this case it will be necessary for the cönnyuges to appear personally in the same act before the Judge of his domicile, who will expose his desire to separate. The Judge shall propose the conciliatory means which he believes to be appropriate, and if these do not result, he shall, of course, delay the provisional separation of the duties and the provisional measures corresponding to them.
		It will all be worked out that the Judge will sign with the parties and at the end of which he will set new A three-month period of hearing so that the members may again appear to show that they persist in their divorce. The minutes of this hearing will also be worked out and the parties will be summoned again to appear within a new three-month period, so that they will make a definitive statement of their willingness to divorce. If they do so, the divorce will be delayed, but if the cönnyuges do not compare to making the demonstration, the procedure will be terminated.
	3Aº)	By the sole will of any of the cönnyuges.
		A In this case the requesting cofnyuge should personally appear before the Judge Letrado of its address, to whom you will expose your desire to dissolve the marriage. The Judge shall record this order and in the same act shall set a hearing to celebrate a comparison between the parties in which the conciliation shall be attempted and the situation of the children shall be resolved, if any, the penalty shall be fixed. food that the other cónnyyuge must supply to who effectively exercises the tenancy of the children as long as the dissolution of the vAnculo is not decreed and will be resolved on the provisional situation of the goods. If it does not compare the cónynyuge against whom the divorce is requested, the Judge will resolve, or the explanations of the comparator, on the situation of the children and the food penalty decaying in all the cases the provisional separation of the cönnyyüges and setting a new hearing with a term of sixty days in order to compare the party requesting the divorce to manifest that it persists in their own.
		A Tambienta will be carved out of this hearing and a new one, with a term of sixty days, will be held. for the petitioning party to show that he insists on his desire to divorce.
		A In this last hearing the Judge will cite the cönnyyüges to a new comparison and will try to The reconciliation between them and, whether or not the defendant is against, will always decrease the divorce, in case of not being reconciled whatever the opposition of this one.
		A Whenever the caivyuge that started the procedure will no longer attend any of the hearings or as prescribed in this numeral, you will have it out of the way.
		A divorce by this single will may not be requested but after two years of the celebration of marriage.
		A Every cónnyuge will have the right, from the moment the provisional separation is decreed, to choose freely your home. When the person who has not filed for divorce may not be referred to him personally or is absent from the paAs, the Judge shall cite him for edicts and if he does not appear, after the term of the placement, he shall be appointed as a defender of his office. '

ArtAculoA 11. -A Sustitueof 190 of the Civil Code, by the following:

	" ARTACULOA 190.-Legally diloose marriage, cönnyuges are left empowered to contract new marriage union.
	divorced cönyjüges will be able to rejoin each other, celebrating new marriage.
	A Is not applicable to the case of the preceding paragraph A 112 of this CACODE ".

ArtAculoA 12. -A SustitueA 191 of the Civil Code, by the following:

"ARTACULOA 191.-Executed the divorce statement, you cannot exceed the name of the other".

ArtAculoA 13. -A Sütse the article 194 of the Civil Code, in the wording given by the article 24 of Law No 18.246, dated 27 December 2007, for the following:

	" ARTACULOA 194.-Cesa the obligation to serve penalty that imposes on the cónynyuge or ex cónyüge the artAculoA 183 of this CACODE, if the beneficiary would contract new marriage or will live in judicially declared concubinaire, or if I maintain a stable life with a minimum duration of a year.
	A Tambienten will correspond to the cessation of the food obligation if the concubinate in which the creditor is found meets the established requirements for recognition even if it is not declared; in this case, the person concerned in the eesc may judicially prove it to the sole effects of the cessation of the food obligation.
	A The temporary penalty for the pension service provided by the first article of the Article 183 of the Civil Code, in the wording given by this law, In the case of persons whose divorce and/or maintenance sentences have been executed prior to the validity of the same. However, in the processes of revisiting of the food penalty initiated, or in those to be initiated from the validity of this law, the criteria provided for in that provision will be applied in order to weigh the amount and the The source of the maintenance of the pension service. "

ArtAculoA 14. -A Sustituses 214 to 221 inclusive of the Civil Code, in the wording given by the article 29 of the Act No. 17,823, dated 7 September 2004, for the following:

	" ARTACULOA 214.-Living the consund cós, and without prejudice to the test to the contrary, the law considers the other cónynyuge, jurAdically progenitor de the creature conceived by his wife during the marriage.
	To people legitimized by law, you can destroy this statement by crediting that the biological vAnculo does not exist.
	A Except for the above incisoA, the people who are impositionable biologically between sA for the conception and before the The two-year-old-day-of-the-day agreement is accepted under the express written agreement of the marriage child.
	To consent for the concept with a person alien to marriage, it will be revocable with the same formalities, until the moment of conception.
	A is null all agreement signed between cönynyüges or concubinos referred to the conception of a creature fruit of the carnal one between man and woman, without prejudice to the obligations under the law for the non-conscious party to the intended child ".
	" ARTACULOA 215.-It is considered to be conceived within the marriage, to the creature born out of the hundred and eighty days after this and within the three hundred days following your dissolution. This notice is relative except in the cases of express and written agreement under the conditions set out in the article 214 ".
	" ARTACULOA 216.-The existence of a subsidiary vAnculo with the code is also considered to have not conceived the creature born of the other cidynyuge, within the one hundred and eighty days after marriage, provided that the person has known the pregnancy before entering into marriage or has admitted his or her filiatory relationship (the express agreement referred to above is not included in this circumstance) or This is the case for any medium. Outside of these cases, it will be enough for the non-conscious party to deny judicially the filiatory relationship with the creature given by its cidynyuge, of which it will be given knowledge to it. If the mother objected to the contradiction, "
	" ARTACULOA 217.-The presence of non-conscious filiatory relationship existence that is configured according to the provisions of the artAculosA 214, 215 and 216 of this Code, may be freely contested by the same, the son or the heirs of one or the other, within the time limits and under the conditions laid down in the following articles with exception of the cases in which there exists express and written agreement as provided by the articles A 214 et seq. of this Code. "
	" ARTACULOA 218.-The cidynyuge that did not conceive could exercise the awareness of the filiatory relationship for the purposes of challenging the legitimacy that would have arisen, within the time frame of an aA ± or counted since taking cognizance of the birth of the creature whose filiatory vAnculo the law attributes to him outside the cases of express agreement referred to above.
	Your heirs may continue the action attempted by it, or initiate the action, if the non-conscious cönnyuge has died within the time limit to be deducted. The heirs shall have the time limit of a year to be counted since the death of the person provided that the situation mentioned in the previous incident has not occurred (express agreement and written in the conditions established in the artAculoA 214 of this CACODE) ".
	" ARTACULOA 219.-The child in possession of the legal filiatory state, whether or not it has its title, may be challenged by the existence of Filiatory relationship during your age-Aa, acting appropriately represented by an 'ad litem' curator. If the action has not been attempted during the child's minor age, it may be exercised within five years of its majority.
	A In case the child passes away within the time limit to file the challenge of the filiatory relationship or during his or her age The action may be exercised by the heirs of the latter within the time limit.
	To all this without prejudice to the right of the son or his heirs to know their biological ancestry at any time and to those single effects, even existing the agreement referred to in Article 214 ".
	" ARTACULOA 220.-Missing the legacy status post even when there is its title, the existence of the existence of the relationship The filiatory may be attempted interchangeably by any of its biological progenitors, by an 'ad litem' curator who acts on the child's representation, or by the child upon reaching the age majority. The biological progenitors will not be able to actuate once their child has reached the age majority. In the absence of legacy status, the action will be imprinted for the child.
	A In the cases in which this article, the article 219 and the fourth of the article 227, in the wording given by the article 28 of Law No 17,823, dated 7 September 2004, refers to state possession, no longer required by the time claimed by ArcuculoA 47 of this Code.
	A The accionement of the action deducted by any of the biological parents will leave the child in the civil state of the natural child of the
	" ARTACULOA 221.-The process will not be fully filed if they do not intervene in the same, as active or passive subjects, if any, the Conscious, the mother and the child of this ".

ArtAculoA 15. -A SustitueA 1025 of the Civil Code, by the following:

	" ARTACULOA 1025.-The law calls the succession, first, to the descending straight line.
	A Having descendants these exclude all other heirs, without prejudice to the conjugal portion that corresponds to the surviving cidynyuge. "

ArtAculoA 16. -A SustitueA 1031 of the Civil Code, by the following:

" ARTACULOA 1031.-The separate cónynyuge (artAculoA 148) will have no part in the abetchate inheritance of its cónynyuge, if by judgment it would have been found guilty of the separation ".

ArtAculoA 17. -A Sustitas of 1952 Civil Code, by the following:

"ARTACULOA 1952.-The one who donates capital to any of the cónicyüges, is not subject to eviccionance but in case of fraud and in that of the article 1629".

ArtAculoA 18. -A Sustitas of 1954 and 1955 of the Civil Code, for the following:

	" ARTACULOA 1954.-If the donations were onerous, it would be deducted from the goods of the donor, regardless of the cónnyüges, the amount of the have been supported by society. "
	" ARTACULOA 1955.-They are ganancial assets:

	1Aº)	All debts and obligations to be incurred during the lifetime of the legal society of goods by any of the cönnyuges.
	2Aº)	Those obtained by the industry, profession, employment, trade, or charge of the cónijyüges or any of them.
	3Aº)	Those acquired by fortuitous facts, such as loterAa, play, bets, and the like.
	4Aº)	The fruits, rents, and interest received or accrued during the lifetime of the legal society of goods, whether they are from the commons or from the own of each of the cönnyüges.
	5Aº)	What you would receive from the users of the assets of the children of another marriage.
	6Aº)	The value increase in any of the properties of any of the cönynyges by the anticipations of the society or by the industry of any of them.
	A Sera also ganancial the building constructed during the lifetime of the legal society of goods, in the own soil of one of the The value of the soil is paid to the person to whom it belongs. "

ArtAculoA 19. -A Sustit, and the 1964 Civil Code article, by the following:

" ARTACULOA 1964.-All existing assets held by any of the cönjüges in the time of disband of society will be deemed to be ganancial, if not proof that they belong privately to one of them before the celebration of the marriage or that he had acquired them by inheritance, legacy or donation. "

ArtAculoA 20. -A Sustituses 1965 and 1966 of the Civil Code, for the following:

" ARTACULOA 1965.-They are in charge of legal society:

	1Aº)	All debts and obligations to be incurred during the lifetime of the legal society of goods by any of the cönnyuges.
	2Aº)	Arrears or accrued arrears, during the lifetime of the legal entity of the goods, of the obligations to which the property of the cönnyüges is affected, such as the ganancias.
	3Aº)	The minor or minor repairs executed during the lifetime of the legal society of goods in the own property of any of the cönnyüges. The major qualms are not in charge of society.
	4Aº)	The major or minor repair of ganancial goods.
	5Aº)	Maintaining the family and education of the common children and also the children of one only from the cönnyuges.
	6Aº)	What will be diere or will be spent on the placement of the children or daughters of the marriage.
	7Aº)	Lost by fortuitous facts, such as loterAa, play, bets, and the like. "

	" ARTACULOA 1966.-The debts to be incurred by any of the cönnyüges prior to the validity of the law of the legal entity of the goods are not in charge of the society.
	Either are the fines and pecuniary convictions that you are charged with. "

ArtAculoA 21. -A Sustitueof 1968 Civil Code, by the following:

" ARTACULOA 1968.-Society owes the price, in readjustable units, of anything from any of the cönynyges that has been sold, provided that it does not has invested in subrogating it by another property (artAculoA 1958) or in a personal business of the cónynyuge whose was the thing sold ".

ArtAculoA 22. -A Sustit and that of the 1994 Civil Code article, by the following:

" ARTACULOA 1994.-In the state of separation, the cönynyuges must contribute to their own maintenance and to the food and education of the children, to proportion of their respective faculties. The Judge, if necessary, shall govern the contribution ".

ArtAculoA 23. -A Sustitueas the 2003 arculoA of the Civil Code, by the following:

of the European Union and of the Council [3].

	" ARTACULOA 2003.-Inventory will understand numerically and will be brought into colation, determined in readjustable units, the amounts that, having been satisfied by the society, be the capital of the cönnyüges.
	A Tambienten will be brought into collation in readjustable units, the amount of donations and enajenations to be considered illegal or fraudulent with (a) Article 3 (1) of Regulation (EU) No. 1

ArtAculoA 24. -A Sustituses 2010 and 2011 items of the Civil Code, for the following:

"ARTACULOA 2010.-The ganancial lAquido fund will be divided by half between the cönynyüges or exceñynyüges or their respective heirs."

"ARTACULOA 2011.-From the deceased c�nyuge will be sacchared the expenses of the mourning of the supenrstite cânnyuge".

ArtAculoA 25. -A Sustit-only 27 of Law No 17,823, dated 7 September 2004, in the wording given by the article 1Aº of the Law No 18,590,18 September 2009, for the following:

" ARTACULOA 27.A (From name):

	1)	The child within the heterosexual marriage will take the first last name of his or her father and as second that of his mother. Parents may choose to reverse the order set before whenever there is agreement between them.
		A The agreement indicated in the preceding incident of this numeral, without prejudice to the numa 11 of this article, shall be of application in respect of the first of the children of such couples, which are born after the validity of this law.
	2)	The child within the homosexual marriage will take the last names of their parents in the order that they expressly opt. In case of no agreement, the order of the surnames will be determined by lot at the time of the registration, made by the Civil State Officer.
	3)	The child outside of the marriage, in case of heterosexual couples, will take the first last name his father's and his mother's second. The parents may choose to reverse the order established before the agreement exists between them. In this case, it will be established in the second inceA of the numeral 1 of this article.
	4)	The child outside of the marriage enrolled by only one of his parents will take the two surnames of this. If the same does not have a second last name, the child will take the name of the one who is recognizing it, followed by one of use.
	5)	The child outside of the marriage that is not enrolled by any of his parents, will take also the last name of the person who conceived, to know each other, and another one of use selected by the enrol.
	6)	The child outside of the marriage whose parents are not known, who is registered, will take two Last name selected by the intervener Civil State Officer.
	7)	The last names of use will be replaced by the parent who recognizes their child or is declared by judgment, the will of the recognized person who has completed the thirteen years of age must be sought for such purposes (article 32).
	8)	In cases of adoption by heterosexual couples, cöns or concubines between sA, the The child shall be replaced by the child of the adoptive father first and the latter of the adoptive mother in the second place. The adoptive parents will be able to agree to reverse the order set before.
		A In cases of adoption by homosexual couples, cönynyüges or concubines between sA, the The child shall be replaced by the name of the adoptive parents in the order they expressly choose. In the event of no agreement, the order of the surnames shall be determined by lot among the last names of the adoptive parents made by the Judge authorizing the adoption.
		A If adopted by a single person, only one of the last names, following the rules provided in the preceding numerals.
		A If the adopter was a teenager, it could be with him or adopters to maintain one or both of them Name of birth.
		A The statement that authorizes the adoption will have the or the first and last names with which you will be enrolled the adopted.
		For reasons founded, at least one of the names assigned to the niA ± or in the original inscription of his birth.
	9)	In all cases of child siblings of the same parents, the order of the last names set for the first of them, for the following, regardless of the nature and order of the parent of such parents. "

ArtAculoA 26. -A Sustit the numa 1Aº of the ArcuculoA 91 of the Civil Code, by the following:

" 1Aº. Be any of the lower-than-sixteen-year-olds. "

ArtAculoA 27. -A Sustituses 30 and 31 of the Law No 17,823, dated 7 September 2004, for the following:

	" ARTACULOA 30.A (Parents ' ability to recognize their children).-Every parent has the right and duty, whatever their marital status and age, to recognize your child.
	A However, parents under the age of 18 may not be able to perform recognitions without judicial approval, after the Ministry Public.
	A In the cases of unmarried child parents, the Judge decides to take away the rights and duties inherent in the guardianship. preference to the grandparent who coexists with the recognized and recognized progenitor.
	A Prior to all decisions referred to in the above inceA that require judicial authorization, any of the parents who have been recognized to the child.
	To the homeland power will be fully exercised by both parents, from the time they are eighteen years old. "
	" ARTACULOA 31.A (Recognition Forcance).-Recognition can take place:

	1)	For the simple declaration made before the Civil Status Officer by any of the biological progenitors in the opportunity of the birth of the child, as a child outside the marriage, assuming the only explicit recognition.
	2)	By will, in which case the recognition may be expressed or implied.
	3)	By public write ".

ArtAculoA 28. -A In all the regulatory norms of the marriage institute or related to this one where differential mentions are used in sex, you should be understood as cónijyüges, married couple, husbands or other of similar tenor that do not alter the substantive content of the regulation and do not distinguish in reason of the sex of the person.

ArtAculoA 29. -A This law will enter into force for the 90 (ninety) days of your promulgation, in which time the Executive Branch will dictate the respective regulations.

A A A A A Sala de Sessions de la CA ¡ mara de Reps, en Montevideo, a 10 de abril de 2013.

GERMAN CARDOSO,
President.
José Pedro Montero,
Secretary.

MINISTRY OF EDUCATION " N AND CULTURE

Montevideo, 3 May 2013.

CA-Mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leitos y Decretos, la Ley por la que se dictan rales relative al matrión egalegalión.

JOSA% MUJICA.
RICARDO EHRLICH.