Resumo

SERRANO FERNANDEZ., María. Common law partnership: a comparative case study between Spanish and Paraguayan legislations. Bol. Mex. Der. Comp. [online]. 2019, vol.52, n.154, pp.319-381.  Epub 12-Maio-2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2019.154.14146.

This paper compare the legal regime of common law partner in Paraguay and Spain. In Paraguay, cohabitation is contemplated in article 52 of the Constitution of 1992 and in the Law of partial reform of the Civil Code also of 1992. Contrarily, Spain lacks a law applicable throughout the national territory and it is the autonomous laws that have regulated the stable unions, although the content of these laws is very different. This has generated a clear situation of inequality between the rights and obligations attributed to the members of a stable couple. To put an end to this breakdown of the principle of equality solutions of different nature could arbitrate: promote a harmonization of regional legislation, continue making specific changes to our legal system, which certain legal effects to the coexistence and finally, to approve a general law applicable to the whole national territory.

Palavras-chave : Common Law Partner; Unmarried Couple; Cohabitation; Breakup; Free Development of the Personality; Autonomy of the Will.

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