Resumo

ZAPATA DENIS, María Minerva  e  URBINA RODRIGUEZ, Stephen Javier. The pursuit, in Mexico, for civil liability due to non-compliance with duties between spouses. Rev. IUS [online]. 2020, vol.14, n.46, pp.51-68.  Epub 02-Dez-2020. ISSN 1870-2147.

There are duties derived from marriage that are assumed by both spouses when entering into their union, such as fidelity and mutual aid. As shown by the present study, via doctrinal analysis and an examination of the current norms and existing jurisdictional criteria in the area, while compensation generated by non-compliance can be pursued in Mexico, it is not sought before the courts given the traditional view that this non-compliance solely leads to sanctions such as the dissolution of the relationship. However, it is not known whether it is legally possible to demand compensation under the general framework for civil liability, transcending the moral and religious sphere, in order to present the case in a court of law.

Therefore, the present study aims to establish a basis for the recognition, in our country, of the pursuit for compensation for the damage caused by non-compliance with said spousal duties.

Palavras-chave : Civil liability; marriage/matrimony; family responsibilities; fidelity; compensation for damages.

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