La Guagua: Draft of the new Family Code

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The Trabajadores newspaper makes available to readers our Digital Comments space in La Guagua to receive opinions, suggestions, doubts and queries about the Draft of the new Family Code, for which the email familias@ is also enabled minjus.gob. cu

Throughout the country, specialized consultations are being carried out on the draft of the new Family Code with a view to preparing another update for subsequent debate in the National Assembly of People's Power.

In this regard, the first secretary of the Central Committee of the Party and President of the Republic Miguel Díaz-Canel Bermúdez says:

Minister of Justice Oscar Silvera Martínez says:

And the head of Justice clarified:

Attorney Guillermo Rodríguez Gutiérrez, who specializes in family law, says:

The activist of the Humanity Network for Diversity, Francisco Rodríguez Cruz says:

In summary: The new Draft of the Code that is now being evaluated, in its version 22 and with 483 articles, is adapted to the Cuban reality and offers the possibility of respecting and recognizing the criteria of all. It is a Code that, above all, seeks unity in the midst of the diversities that inevitably exist in our families.

On March 30, 1959, Fidel said: «The bus is like a public square, it is like a round table; a bus is like a permanent round table, where everyone who gets on has an opinion." DRAFT FAMILY CODE (Version 22- 08/01/2021)

JUAN ESTEBAN LAZO HERNÁNDEZ, President of the National Assembly of People's Power of the Republic of Cuba:

I LET YOU KNOW: That the National Assembly of People's Power, in its session on the day of __ of __ , of the session of the IX Legislature, has approved the following:

STATEMENT OF MOTIVES

WHEREAS: The Constitution of the Republic approved by popular referendum on February 24, 2019 and proclaimed on April 10 of the same year in its articles from 81 to 89 endorses a regulatory framework consistent with family pluralism that coexists in the Cuban society, which is necessary to protect and the Eleventh Transitory Provision ordered a process of popular consultation and referendum to approve the new Family Code.

WHEREAS: The Family Code, Law No. 1289 of February 14, 1975, constituted a milestone in the promotion of ethical values ​​of Cuban families and strengthened the actions of the Cuban revolutionary State in pursuit of effective equality among its members, based on the development of public policies aimed at the protection of children and adolescents, the empowerment of women and the well-being of the elderly and disabled.

WHEREAS: 46 years after its promulgation, it is essential to introduce the modifications that integrate the experiences obtained in its application, solve family matters that require immediate and specialized legal measures, improve and expand legal figures based on situations that are presented, based on relations of equality, based on both the affective and biological aspects and the inherent solidarity of this social group and the principle of dignity.

WHEREAS: The content of the Code that is presented summarizes the valuable criteria and proposals of the Commission for "Attention to Youth, Children and the Equality of Women's Rights" of the National Assembly of People's Power and the Federation of Cuban Women, who for years led the elaboration of the various draft amendments to the Family Code, together with the Cuban Civil and Family Law of the National Union of Jurists of Cuba; with the participation of the Ministry of Justice, the People's Supreme Court, the Attorney General of the Republic, the National Organization of Collective Law Firms, the Ministry of Education, the Ministry of Labor and Social Security, the Ministry of Public Health, the National Center for Sexual Education, the Ministry of Foreign Affairs and other organizations, institutions and professionals in the multidisciplinary field.

WHEREAS: It is necessary to adapt the internal legal system to the international treaties that Cuba has signed and that affect family matters, as provided in article 8 of the Constitution of the Republic.

THEREFORE: The National Assembly of People's Power, in use of the powers conferred on it by article 108, subparagraph c) agrees on the following:

LAW No ___ FAMILY CODE

TITLE I PRELIMINARY PROVISIONS

Article 1. Scope of application.

1. The rules contained in this Code are applicable to all family relationships regardless of the form of organization they adopt.

2. It is governed in accordance with the principles, values ​​and rules contained in this Code, in the Constitution, as well as in the international treaties in force for the Republic of Cuba that are part of or integrated into the national legal system.

Article 2. Recognition of families.

1. The different forms of family organization are created on the basis of affective relationships between relatives, whatever their nature, and between spouses or affective common-law partners.

2. Family members are obliged to fulfill family and social duties on the basis of love, affection, consideration, solidarity, fraternity, cooperation, responsibility and mutual respect.

3. The State recognizes in families, the fundamental cell of society, protects them and contributes to their integration, well-being, social, cultural and economic development, and to the performance of their responsibilities, and creates the conditions that guarantee the fulfillment of their functions as institution and social group.

Article 3. Governing principles.

1. The relationships that develop in the family environment are governed by the following principles:

a) equality and non-discrimination;

b) plurality;

c) responsibility;

d) solidarity;

e) favourability;

f) respect;

g) superior interest;

h) balance between family public order and autonomy; and

i) reality.

2. Such principles can be used as interpretive guidelines and to clarify the meaning of the rules.

Article 4. Rights.

This Code regulates the rights recognized in the Constitution of the Republic, with special emphasis on:

a) the right of every person to form a family;

b) the right to family life;

c) the right to full equality in filiation matters;

d) the right of every person in the family environment to have the free development of their personality, privacy and their personal and family life project respected;

e) the right of children and adolescents, as subjects of rights, to be heard in family matters in accordance with their capacity and progressive autonomy;

f) the right of women to a balanced use of time, which allows them to fulfill their responsibilities and fully develop without domestic and care overloads.

g) the right of people to the full development of sexual and reproductive health in the family environment regardless of their age, gender or disability; as well as education on reproduction and family planning, in any case, appropriate for their age;

h) the right to maternity and paternity protection and the promotion of their responsible development;

i) the right to a family life free of violence in any of its manifestations.

j) the right of grandmothers, grandfathers and other relatives and of girls, boys and adolescents to a harmonious and close communication between them in the family environment; and

k) the right of older adults and those with disabilities to their self-determination and preferences and to have equal opportunities in family life.

Article 5. Rights of children and adolescents in the family environment.

1. The family is primarily responsible for ensuring children and adolescents the full enjoyment and effective exercise of their rights:

a) to participate in family decision-making that concerns their interests;

b) to live as a family and enjoy family and community life;

c) to co-parental responsibility;

d) to receive accompaniment and guidance in line with the evolution of their powers to exercise their own rights;

e) to the free development of the personality;

f) to grow up in an environment free of violence and be protected against all types of harm, abuse, negligence or exploitation;

g) to rest, play, recreation and recreational activities;

h) to identity;

i) to information;

j) to family communication;

k) honor, privacy and one's own image; and

l) to a digital environment free of violence.

2. The State develops appropriate policies and programs so that the family can adequately assume this responsibility, and so that the holders of parental responsibility assume, under equal conditions, their duties.

Article 6. Best interests of children and adolescents.

1. The best interest of girls, boys and adolescents is a general principle that informs family law, mandatory and of primary observance in all actions and decisions that concern them, both in the private and public sphere.

2. To determine the best interests of a girl, boy or adolescent in a specific situation in the family environment, the following must be assessed:

a) their opinion, based on age, maturity, capacity and progressive autonomy;

b) your identity and specific condition as a developing person;

c) the preservation of family relationships and an adequate family environment free of violence;

d) their care, protection and safety;

e) the situations of vulnerability that they may suffer; and

f) other relevant criteria that contribute to the maximum, comprehensive and simultaneous satisfaction of the rights of children and adolescents.

Article 7. Role of grandmothers, grandfathers, other relatives and close friends.

1. The State recognizes the important role in the intergenerational transmission of the traditions, values ​​and affections of grandmothers, grandfathers, other relatives and close friends.

2. This Code regulates the duties and rights established by these relationships.

Article 8. Criteria or rules of interpretation.

1. The regulations contained in this Code are interpreted taking into account its scope, scope and principles, in a manner consistent with all applicable national and international legal systems.

2. For their interpretation, not only the literal meaning of their words in relation to the context must be taken into account, but also their purpose and the social reality of the time in which they are to be applied.

Article. 9. Specialty in family matters.

The authorities that intervene or decide on matters related to individuals and families must have knowledge that guarantees their awareness, specialization and conciliatory spirit as appropriate.

Article. 10. Reasonableness of decisions in family matters.

1. The decisions adopted in disputes of a family nature must be reasonably founded, always taking into account the legal principles and values ​​that inform family law.

2. The provisions of the preceding paragraph extend to other authorities that intervene in matters of this matter, even when they are not of a litigious nature.

TITLE II

OF MEDIATION AND FAMILY DEFENSE

CHAPTER I

OF FAMILY MEDIATION

Article 11. Scope.

Mediation can be used as an alternative method for the harmonious solution of family conflicts, which is developed through an out-of-court procedure, in which qualified professionals, without decision-making power, facilitate communication and contribute to people in conflict reach total or partial agreements.

Article 12. Mediable issues.

1. Mediatable matters are all those litigious in which the interests of the parties do not affect the public interest and in which there is no imbalance of power, or violence in any of its manifestations.

2. In accordance with the previous paragraph, those matters that, in accordance with the law, cannot be the subject of an agreement are excluded from the possibility of agreement between the parties because they are outside the scope of the disputing parties.

Article 13. Guiding principles.

For the harmonious solution of family conflicts, the general principles established for mediation are respected, especially those of balance of power and responsible voluntariness.

Article 14. Withdrawal of mediation.

In case of withdrawal, this does not harm the litigants who have participated in said procedure.

Article 15. Mediation outside of judicial process.

1. The people in conflict can go to mediation and once the procedure is concluded they can implement the agreement reached by means of a notarial public deed or homologate it through the procedures that for voluntary jurisdiction are regulated in the Code of Processes.

2. The lack of notarial instrumentation or judicial approval of the agreements obtained in mediation is based on criteria of public order and the best interest of minors or people who, due to their situation of vulnerability, so deserve it.

Article 16. Mediation derived from judicial process.

1. Discrepancies in any phase of a family process may be submitted to mediation, at the initiative of one or all of the parties or at the proposal of the legal representation or opinion of the multidisciplinary team or the Ombudsman.

2. In the same way, at any stage of the process, when the Court considers that it is advisable to refer to mediation, summons to appear and in the presence of all the parties, it informs them about the feasibility of the extrajudicial mediation procedure, for which purpose it requires their consent. for the corresponding transfer.

3. If the parties consent, in the act of appearance, the Court sets the date and place to which the parties must go to carry out the mediation, granting a reasonable period of time; issue that, likewise, communicates to the corresponding mediation team.

4. Once the mediation is over, the Court acts in accordance with the rules of the Code of Procedures.

Article 17. Mediation in execution phase.

Once the judicial process is concluded and in the execution phase of the provisions, with a hearing of the parties, the Court may derive mediation in order to achieve effective execution, using the procedure described in the previous article for the validation of the resulting agreement.

Article 18. Specialized participation.

The participation of minors or any other, due to their vulnerability, in mediation, requires the assistance of a specialized professional in the sessions they attend.

Article 19. Intervention of third parties.

For the participation of third parties in the mediation procedure, including the support of those who require it, it requires the agreement of all parties involved.

CHAPTER II

FROM THE FAMILY ADVOCATE

Article 20. Scope.

1. Girls, boys and adolescents, people with disabilities, older adults, victims of violence or any other person in a situation of vulnerability in the family environment, can be represented in legal proceedings derived from the application of this Code, by freely chosen family advocates. by them or designated in the appropriate cases, at the request of the person, or of the Ombudsman itself or at the request of the Prosecutor's Office.

2. The provisions of the previous section also apply to mediatable matters.

Article 21. Opposition of interests.

When there is opposition of interests between various people who have the same legal representative, they are represented by the respective family advocates.

TITLE III

OF FAMILY VIOLENCE

Article 22. Scope.

Family violence involves an imbalance of power and encompasses violence based on gender, which occurs against girls, boys and adolescents, against the elderly and against people with disabilities.

Article 23. Manifestations of violence in the family environment.

1. An expression of family violence is physical, mental, moral, sexual, economic or patrimonial abuse, whether by action or omission, direct or indirect, in which aggressors and victims had or maintain relationships, and that which occurs between relatives .

2. The same treatment is given to acts of this nature committed between people with cohabiting relationships.

Article 24. Urgent matters regarding family violence.

1. All matters related to family violence are subject to urgent judicial protection, with the participation of the Prosecutor's Office, which is notified to issue its opinion.

2. Whoever considers themselves a victim of family violence or knows of an act of this nature, may request urgent protection for this purpose before the competent Court.

3. The Court takes the corresponding precautionary measures and prevents direct or indirect victims from being affected in each specific situation.

Article 25. Diagnosis of the multidisciplinary team. Upon learning of facts of family violence, the Court instructs the multidisciplinary team to prepare an immediate comprehensive report on family dynamics to determine the physical and mental damage suffered by the victims, as well as the dangerous situation in the family environment.

Article 26. Liability action for damages derived from family violence.

1. The reparation of damages due to family violence, including non-pecuniary damage, proceeds in proportion to the intensity and consequences of the violent act.

2. Voluntary exposure by the victim to a dangerous situation does not justify the harmful act, nor does it exempt the aggressor from responsibility, unless due to the circumstances of the case, the causal link is totally or partially interrupted.

3. The action for reparation of damages and losses for acts of family violence is imprescriptible.

Article 27. Criminal liability.

1. Whoever uses violence in any of its manifestations in their family relationships, responds in accordance with the provisions of family law and criminal law.

2. In determining responsibility, the entity of the fact is taken into account in a special way.

TITLE IV

RELATIONSHIP AND THE OBLIGATION TO PROVIDE FOOD

CHAPTER I kinship

Article 28. Kinship, general scope.

1. Kinship is the relationship between two people, which makes them members of the same family, whatever its source or the way in which it has been determined, and which, within the limits established by law and without distinction, produces certain legal effects. , whether they are permissive norms, prohibitions or obligations, in proportion to the proximity of the same.

Article 29. Sources of kinship.1. Kinship has its origin by marriage, by the affective de facto union, by filiation in any of its sources or the way in which it has been determined and by the judicial determination between those who, in fact, have performed affectively as such, if they demonstrate a legitimate interest.

2. The spouses are not related to each other, nor are the members of the affective de facto couples.

Article 30. Relationship by consanguinity.1. They are related to each other, by consanguinity:

a) people descended from each other; and

b) those who are not descendants of one another, but are descendants of the same person.

2. When the act that has determined the existence of a person is the use of assisted reproduction techniques, they are considered relatives to each other in the same way as established in the paragraphs contained in the previous section.

Article 31. Kinship by adoption.1. They are related to each other, in the same line and degree as provided for in article 34, the people for whom the act that has determined the filiation is the judicial resolution of the adoption process.

2. For the purposes of this Code, kinship by adoption has the same effects as kinship by consanguinity, except for the exceptions related to the prohibition to formalize marriage and to implement an affective de facto union.

Article 32. Kinship by affinity. Kinship by affinity exists, in the same line and degree:

a) between a person and the blood relatives of their spouse or domestic partner; and

b) between a person and the spouses or domestic partner of their blood relatives.

Article 33. Socio-affective relationship.1. Socio-affective kinship is based on the will and behavior between people emotionally linked on the basis of a stable and sustained relationship over time, which can justify a filiation.

2. It is exceptionally recognized by a competent court and has the same effects as blood kinship.

Article 34. Calculation of kinship.1. The proximity of kinship is established by lines and degrees.

2. The persons referred to in subparagraph a) of article 30 form the straight or direct line of kinship, which can be ascending or descending; those referred to in subparagraph b) form the collateral line.

3. In the ascending and descending lines the degree is determined by the number of generations between one person and another; in the collateral the degree is determined by the number of generations that separate them from each other, going through the common ancestor.

Article 35. Effects.1. They are effects of kinship, with the scope determined by this Code:

a) the maintenance obligation;

b) the right to communication;

c) the prohibitions to formalize marriage or to establish a de facto union, with the extension provided for in articles 67 subsection a) and 173 subsection b);

d) the hereditary vocation, in intestate succession or in favor of specially protected heirs; and

e) others, especially determined in the legal system.

2. Kinship by affinity, exceptionally, has the effects regulated in subparagraphs a and b of the previous section for the cases provided for in this Code.

Article 36. Termination.1. The relationship by consanguinity is only extinguished by adoption, although its effects subsist in relation to the impediments to formalize marriage or to implement or recognize an affective de facto union.

2. The relationship by affinity is extinguished at the same time as the marriage bond or the affective de facto union; maintaining the rights of communication provided for in this Code in the corresponding cases and the legal obligation of maintenance if, in the opinion of the competent court, the circumstances justify its attribution.

3. The socio-affective relationship is only extinguished by adoption.

CHAPTER IIDE FOOD

FIRST SECTION

OF THE LEGAL OBLIGATION OF FOOD

Article 37. Legal obligation of maintenance.

1. The legal obligation of maintenance binds one or more obligors with another or several obligors, married to each other or in a de facto affective union or in a kinship relationship, for the performance of a benefit that must provide the latter with what is necessary for the satisfaction of their vital needs.

2. The benefit covers everything that is essential to meet the needs of sustenance, housing, clothing, health preservation, recreation, personal and affective care, and in the case of minors, also the requirements for their education and development.

Article 38. Presuppositions of the obligation.1. You can claim food:

a) minor daughters and sons, their mothers and fathers, in any case;

b) the other persons referred to in the following article, if they are in a state of need.

2. There is a state of need when the person who lacks economic resources is prevented from obtaining food on their own, due to age or when the disability situation so requires.

Article 39. Exclusion of the obligee. The maintenance obligation does not arise, or if applicable, ceases, when the obligee has voluntarily and culpably placed himself in a state of necessity.

Article 40. Obligated subjects.1. They are obligated, reciprocally, to give each other food:

a) spouses;

b) those united in fact affectively;

c) the ancestors and descendants;

d) mothers, fathers and their related daughters and sons;

e) siblings; and

f) uncles and nephews.

2. Socioaffective relatives in the same line and degree as blood relatives are also obliged to give food.

Article 41. Insolvency proceedings.1. The claim for food, when two or more are obliged to provide it, is made in the following order:

a) the spouse or domestic partner;

b) to the ascendants of the closest grade;

c) to related mothers and fathers;

d) to the descendants of the closest degree;

e) to related daughters and sons;

f) to brothers;

g) uncles; and

f) to the nephews.

2. If the closest grade descendant is prevented from satisfying the obligation because he does not have sufficient income or personal property, his descendant takes his place, before going to the next order.

3. When the obligation to give food falls on two or more people, the payment of the pension is proportional to the respective economic income; however, in case of urgent need and due to special circumstances, the Court may compel only one of them to provide them provisionally, without prejudice to the latter's right to claim from the other obligors the part that corresponds to them.

Article 42. Alimentistas contest.1. When two or more obligees claim food at the same time from the same person legally obliged to give it, and this person did not have sufficient economic income to serve them all, the following order of preference is kept, for their satisfaction:

a) the descendants of the closest degree, and the mothers or fathers in a situation of disability;

b) the spouse or domestic partner;

c) to related daughters and sons;

d) to the other ascendants of the closest degree;

e) to related mothers and fathers;

f) to brothers;

g) to the nephews; and

h) to uncles.

2. However, the Court may distribute the food according to the circumstances of the case.

Article 43. Proportionality.1. The amount of food is proportional to the economic capacity of the person who gives it and the needs of the person who receives it. It is taken into account, for the adequacy of the amount, everything that the obligee perceives susceptible to being imputed as food.

2. In no case are the resources of the person obligated to provide maintenance affected to the point that he cannot satisfy them without neglecting his own needs and, where appropriate, those of his spouse or domestic partner, minor daughters and sons, as well as mothers, fathers and other vulnerable people in their care.

3. When the obligor's income cannot be appreciated, the Court sets the amount of the pension, based on other circumstances that demonstrate his economic capacity.

Article 44. Variability. The amount of food is reduced or increased, proportionally, according to the decrease or increase suffered by the needs of the recipient and/or the economic income of the person who would have to satisfy them.

Article 45. Form of compliance. The person obliged to provide maintenance can, at his/her choice, satisfy it by paying the pension that is set or receiving and keeping in his/her own home the one who is entitled to it, which only proceeds if it is not they affect provisions related to the custody and care of the obligee and there are no impediments that do not make it viable.

Article 46. Enforceability. The obligation to provide alimony is enforceable as soon as the person who has the right to receive it needs it to survive, but it is not paid until the date the claim is filed.

2. An exception is made in the event that the obligee has not claimed alimony due to family violence attributable to the person obliged to provide it, in which case it is paid retroactively from the date on which such situation is accredited.

Article 47. Monthly payments.1. The payment of the pension is made in advance monthly installments.

2. When the obligee dies, his heirs are not obliged to return what he would have received in advance.

Article 48. Imprescriptibility, non-waivability, non-transferability and non-compensation.1. The right to maintenance does not prescribe, it is inalienable and cannot be transferred to third parties; nor can it be compensated with what the obligee owes to the obligated to provide them.

2. These rules are not applicable to monthly payments accrued, but not received.

Article 49. Non-attachable and privileged character. Alimony is unattachable and enjoys preference, according to the provisions of the Civil Code.

Article 50. Prescription of monthly payments. The action of the obligee to claim fixed and unpaid monthly payments of alimony prescribes within three months, except for the exception provided for in section 2 of article 46.

Article 51. Payment made by a third person.1. When alimony is set by the Court, it is paid by a non-obligated third person, with or without the knowledge of the obligee, they have the right to demand reimbursement from the obligated person to provide it.

2. This credit enjoys preference and the condition of unseizable property, salary, social security benefit or economic income of any kind cannot be opposed to it.

Article 52. Cessation of the obligation. The obligation to provide maintenance ceases:

a) by death or judicial declaration of presumption of death, of the obligor;

b) by death or judicial declaration of presumption of death, of the obligee;

c) when the economic resources of the person obliged to provide maintenance are reduced to the point of not being able to satisfy them without neglecting their own needs, and, where appropriate, those of their spouse, domestic partner and children under the age of age and those of legal age with intense support with powers of representation under their protection;

d) when the obligee reaches working age and is not in a situation of disability that makes it impossible for him to obtain them on his own, nor incorporated into a national educational institution that prevents him from regularly engaging in paid work; and

e) when the cause that made the obligation to supply the food ceases.

Article 53. Measures to guarantee compliance with the obligation. The courts must guarantee the execution of the monthly installments already established by final judicial resolution or judicially approved agreement, for which they adopt effective measures of compulsion to pay, in accordance with what is established in the Process Code.

Article 54. Supplementary. The provisions of this Chapter are applicable on a supplementary basis to other cases in which this Code or special laws have the right to food.

SECTION TWO ON FOOD DURING PREGNANCY

Article 55. Scope and evidence.

When alimony is requested in favor of the conceived, proof of the obligor's economic capacity and elements that can make the Court presume that this is the father or mother are required, without this constituting proof of filiation or serving to adjudicate later maternity or paternity.

Article 56. Provisionality and conversion.1. The maintenance obligation during pregnancy is provisional and extends until the end of the gestation period.

2. Once the obligee is born, it automatically becomes a final obligation for the benefit of the newborn, without prejudice to the right of the parties to exercise a filiation or maintenance action, independently.

Article 57. Reimbursement.1. If the pregnancy is frustrated for any reason, the obligor cannot demand the reimbursement of the amount paid for food.

2. On the other hand, you do have the right to reimbursement if you demonstrate the bad faith of the parent in her claim.

CHAPTER III ON COMMUNICATION BETWEEN RELATIVES

Article 58. Right of communication between relatives.

The communication between ascendants, descendants, siblings and other blood, related or socio-affective relatives and people who justify a legitimate legitimate interest, cannot be limited except by a judicial decision based on the best interests of the child, adolescent or the benefit of the elderly or disabled person, in accordance with their wishes and preferences.

Article 59. Family communication with people with disabilities. In the case of people with disabilities, whether they are mothers, fathers, blood, related or socio-affective relatives, or minors , the family communication regime includes all types of language, as well as the modes and means of gestural, oral or technological communication, most appropriate for each person.

Article 60. Duty to facilitate communication between relatives and measures to be adopted for their insurance.1. Persons who for any reason or legal cause are in charge of caring for minors, or elderly persons or persons with disabilities must guarantee the right to communication referred to in the previous article.

2. In case of repeated and unjustified opposition to compliance with the right established in the previous article, the Court expeditiously adopts the measures to ensure the most convenient communication regime according to the circumstances or, where appropriate, resolves on its limitation or prohibition. .

TITLE V MARRIAGE

CHAPTER I

CONSENT AND CAPACITY TO FORMALIZE MARRIAGE

Article 61. Marriage.

1. Marriage is the voluntarily arranged union of two people with legal aptitude for it, in order to live in common, on the basis of affection and love.

2. It constitutes one of the forms of organization of families and is based on the free consent and the equality of rights, duties and legal capacity of the spouses.

3. The marriage only produces legal effects when it is formalized before a competent official.

Article 62. Proof of marriage.1. The proof of the marriage is the supporting certification of the entry of your registration in the Civil Status Registry.

2. In the absence of the above, the formalization of the marriage can be accredited by other means of proof, prior justification of the causes that make it impossible to present it.

3. Possession of status by itself is not sufficient proof to establish married status or to claim the effects of marriage.

Article 63. Consent and officials in charge of authorization.1. The formalization of the marriage requires the pure and simple consent of both contracting parties expressed personally and jointly before the competent official to authorize it, except as provided in the registry legislation for marriage by proxy.

2. Civil status registrars and notaries are the officials empowered to authorize the formalization of marriages in accordance with the provisions of this Code.

3. The consuls and vice consuls of the Republic are the officials empowered to authorize, abroad, marriages between Cubans and between Cubans and foreigners.

Article 64. Capacity. The capacity of persons to formalize marriage is reached at eighteen (18) years of age.

Article 65. Exceptional judicial authorization. Exceptionally, and for justified reasons, the Court may grant authorization to formalize the marriage to persons under eighteen (18) years of age as long as they are sixteen (16) years old.

CHAPTER IIDE PROHIBITIONS TO FORMALIZE MARRIAGE

ARTICLE 66. Absolute prohibitions.

They cannot formalize marriage:

a) persons under eighteen (18) years of age, except for those who have been exceptionally authorized by the Court with sixteen (16) years of age;

b) those who are in a situation that prevents them from conforming or expressing their will by any means to grant matrimonial consent, permanently or temporarily;

c) who are married; and

d) those who have constituted an affective de facto union, instrumented in a notary and registered in the corresponding registry until it is dissolved.

Article 67. Relative prohibitions.1. They cannot formalize marriage with each other:

a) relatives in direct line, ascending and descending, siblings and other collateral relatives up to the third degree, except in the case of related relatives;

b) the person appointed as intense support with powers of representation and the person in a situation of disability who needs said support, until it ceases and renders accounts of its management; and

c) those who have been convicted in a criminal proceeding by final judgment as perpetrators or as perpetrators and accomplice of the intentional death of the spouse or domestic partner of any of them; Until the process has been completed, the celebration of the marriage is suspended.

2. In the case of the adopted person, the prohibition established in subparagraph a) of the previous section is fulfilled also in relation to biological relatives, even if the legal relationship with them has been broken.

Article 68. Freedom to formalize a new marriage. People whose marriage has been terminated or declared ineffective for any reason, are able to formalize a new one at any time after said circumstance.

CHAPTER III OF THE RIGHTS AND DUTIES BETWEEN SPOUSES

Article 69. Equality.

Marriage is established on the basis of equal rights and duties of both spouses.

Article 70. Marital duties.1. The spouses, in accordance with their common life project, must be loyal to each other, assist each other in any circumstance and treat each other with consideration, understanding and respect.

2. Love, affection, mutual protection and shared responsibility are the bases on which relationships between spouses are based.

3. Spouses are obliged to develop their relationships, free from the use of violence in any of its manifestations.

Article 71. Duty of family care. Both spouses have the duty to care for the family they have created and contribute to the training and education of their common daughters and sons, or their own, they participate jointly in the government of the home and contribute to its better development, to the extent of the capacities or possibilities of each one.

Article 72. Satisfaction of economic needs.1. The spouses contribute to the satisfaction of the economic needs of the family that they have created with their marriage, and of the common daughters and sons, or those of each of them, each according to their possibilities and resources.

2. However, if the economic contribution of one of them is with their work in the home and in the care of the daughters and sons or other relatives, the other spouse assumes the rest of the burdens of supporting the family, without prejudice to the duty to fulfill its other obligations towards it.

Article 73. Mutual support and exercise of rights.1. The spouses support each other and responsibly when organizing their common life project.

2. Both spouses have the right to exercise their professions and trades and to carry out their work and social activity, they have the duty to provide mutual help for this, and not to limit the right of the other to undertake studies or improve their knowledge and fulfill other social duties. .

3. The spouses must take care in any case that such activities are coordinated with the fulfillment of the duties that this Code imposes on them.

CHAPTER IV OF THE ECONOMIC REGIME OF MARRIAGE

FIRST SECTION

PROVISIONS COMMON TO ALL SCHEMES

Article 74. Application.

The provisions of this Section apply regardless of the matrimonial regime, and except as otherwise provided in the regulations referring to a specific regime.

Article 75. Non-derogability and nullity. The norms contained in this section are non-derogable by agreement between the spouses, before or after the marriage. Otherwise, it is null; as well as any other that does not respect the patrimonial balance, the principle of solidarity, among other guidelines that cannot be subtracted by the will of the parties.

Article 76. Duty to contribute.1. The spouses must contribute to their own support, that of the home, that of the common daughters and sons, or those of each of them, who are part of that common home, in proportion to their resources.

2. This duty extends to the needs of daughters and sons in a situation of disability or other vulnerable relatives who are in their charge.

3. The spouse who does not comply with this duty to contribute may be sued by the other to do so.

Article 77. Economic assessment of work at home.1. The economic advantages and disadvantages derived from the marriage bond and from its dissolution must fall equally on both spouses.

2. The traditional division of gender roles and functions during the cohabitation of the spouses cannot give rise to detrimental economic consequences for any of them.

3. The value of indirect contributions is recognized, including those of a non-financial nature, in the acquisition of assets accumulated during the marriage, for which reason work in the home is computable as a contribution to the charges.

Article 78. Acts that require assent.1. If there are common or related minor daughters or sons, or adults in a situation of disability who have been given intense support with powers of representation, neither spouse can, without the consent of the other, expressed in a notarial public deed , dispose of the rights to the home in which the family they have formed lives, regardless of whether it is owned exclusively or jointly, or its essential furniture, or transport it outside of it.

2. Assent is also required, in the circumstances narrated in the previous paragraph, when the other spouse is in a situation of vulnerability.

3. Whoever has not given their assent can demand the annulment of the act or the restitution of the furniture within the expiration period of six months of having known it.

Article 79. Judicial authorization.1. One of the spouses can be judicially authorized to grant an act that requires the assent of the other, if the latter is judicially declared absent, is a person to whom intense support has been appointed with powers of representation, is temporarily prevented from expressing his will, or if your refusal is not justified by the interest of the family.

2. The act granted with judicial authorization is opposable to the other spouse.

Article 80. Joint and several liability.1. The spouses are jointly and severally liable for the obligations contracted by one of them to meet the ordinary needs of the home or the support and education of the daughters and sons in accordance with the provisions of article 76.

2. Whoever has contributed their own assets to satisfy such needs, has the right to be reinstated in accordance with their matrimonial economic regime.

3. Outside of these cases, and except as otherwise provided by the matrimonial economic regime, neither spouse is responsible for the obligations of the other.

Article 81. Attribution by cause of death of the household trousseau.1. Upon the death of one of the spouses, the clothing, furniture of essentially affective value and the belongings that constitute the common household trousseau of the spouses is delivered to the survivor, without being computed in their share of the inheritance.

2. Jewelry, artistic, historical objects and others of extraordinary value are not understood to be included in trousseau.

SECTION TWO OF THE MARRIAGE COVENANTS

Article 82. Purpose.

Before the formalization of the marriage, the future spouses can make agreements that have as their object:

a) the designation and valuation of the goods that each one brings to the marriage;

b) the statement of debts;

c) the donations made between them, those that take effect if the marriage is formalized;

d) donations received by reason of marriage, unless it is for one of them;

e) the option determined by any of the matrimonial economic regimes provided for in this Code; and

f) other provisions of non-equity content.

Article 83. Expiration period. The effectiveness of marriage agreements depends on the formalization of the marriage within a period not exceeding six months from the implementation of said agreements.

Article 84. Nullity of other agreements. Any agreement between the future spouses on any other object related to their patrimony other than the marriage bond, is null and void.

Article 85. Form.1. Marriage agreements are made by notarial public deed and only take effect between the spouses from the formalization of the marriage and as long as it is not annulled.

2. The economic regime for which the couple chooses is opposable against a third person from its registration outside the marriage entry.

Article 86. Modification or replacement of the matrimonial property regime.1. After the formalization of the marriage, the matrimonial economic regime adopted can be modified or replaced by an agreement between the spouses.

2. Said agreement can be granted after one year of application of the initially adopted regime, conventional or legal, through a public deed.

3. In order for the modification or substitution of the matrimonial economic regime to produce effects with respect to third parties, it must be registered through a marginal note in the marriage entry.

4. Creditors prior to the change in the matrimonial economic regime who suffer damages for this reason may declare that said modification is not enforceable against them within the expiration period of one year, counting from when they became aware of it.

Article 87. Ineffectiveness of marriage agreements by mutual consent.1. The spouses, by means of a notarial public deed of mutual consent, may, after its implementation, terminate the previously adopted marriage agreements.

2. In such a case, it is applicable to the economic regime of your marriage that established in this Code with a supplementary nature.

3. The normative provisions established in the previous article are applicable, as pertinent, to mutual dissent.

CHAPTER V OF THE REGIME OF THE MARRIAGE COMMUNITY OF PROPERTY

FIRST SECTION

OF THE NATURE OF GOODS

Article 88. Supplementary character.

In the absence of an express reference in the marriage pacts on the matrimonial economic regime to which they decide to benefit or, if these are ineffective, the spouses are subject from the formalization of the marriage to the matrimonial community of property regime regulated in this Chapter.

Article 89. Common assets. For the purposes of the regime established in the previous article, the following are considered common assets:

a) the wages or salaries, pensions, pensions or any other type of income that both spouses or any of them obtain during the marriage, as a result of work or from social security;

b) the assets, rights, contributions, shares, shares in society, acquired for valuable consideration during the marriage at the expense of the common wealth, whether the acquisition is made for the community or for one of the spouses, including land and other agricultural goods;

c) the fruits, income or interest received or accrued during the marriage, coming from the common property or from the property of each of the spouses;

d) the credits and indemnities that subrogate another good of a common nature;

e) assets acquired after the extinction of the community, if the right to incorporate them into the patrimony had been acquired for consideration during it;

f) those acquired for valuable consideration during the community by virtue of a vitiated act of relative nullity or voidability, confirmed after the dissolution of the community;

g) originally common goods that return to the common heritage by nullity, resolution, rescission or revocation of a legal act;

h) the result of economic exploitation of intellectual creation;

i) those incorporated by accession to common property, without prejudice to the compensation owed to the spouse for the value of the improvements or acquisitions made with their own property; and

j) those that the spouses confer this character at the time of agreeing on the regime.

Article 90. Presumption of the common character of the assets.1. The assets of the spouses are presumed to be common until it is proven that they belong to only one of them;

2. Regarding third parties, the confession of the spouses is not sufficient proof of their own character.

3. In order for the property registered in public registries, acquired during the community for money from only one of the spouses, to be opposable against third parties, it is necessary that this circumstance be recorded in the act of acquisition, determining its origin, with the consent of the other spouse.

Article 91. Own assets.1. The following are property belonging to each of the spouses:

a) those acquired before their marriage for any reason, if their joint condition has not been agreed upon;

b) those acquired during the marriage by inheritance, legacy or other lucrative title, even if jointly by both; in onerous donations and legacies, the amount of the charges is deducted when they have been borne by the common flow;

c) those acquired during the marriage by exchange, real subrogation or any other substitution of one's own property;

d) those acquired with own money;

e) those originally owned by the spouse who return to the patrimony of the spouse by nullity, resolution, rescission or revocation of a legal act;

f) the sums that are collected from the expired installments, during the marriage, that correspond to an amount or credit constituted in their favor prior to the marriage and payable in a certain number of installments;

g) those for exclusive personal use;

h) those for the exclusive use of one of the spouses by reason of their art, profession or trade, even if they have been acquired at the cost of the common wealth, without prejudice to the right of reimbursement;

i) those obtained by reparations for damages and indemnification for damages caused to the person of one of the spouses or to their own property;

j) the intellectual property rights inherent to the creator;

k) those incorporated by accession to their own property, without prejudice to the compensation received by the community for the value of the improvements made with their money; and

l) the indemnities received for the death of the other spouse, including those originating from an insurance contract, without prejudice, in this case, to the compensation owed to the community for the premiums paid with its money.

2. The land and other agricultural assets, acquired in some of the circumstances provided for in this article, which are applicable, also have the character of own assets.

Article 92. Designation of beneficiary in savings accounts, with common balances. If one of the spouses designates a beneficiary due to death, in a savings account, whose funds belong to the matrimonial community of property, the regulations regarding their

regulations are those established by the savings rules of banking legislation and by the Civil Code.

SECTION TWO ON CHARGES AND OBLIGATIONS OF THE MARRIAGE COMMUNITY OF PROPERTY

Article 93. Duties and marital obligations.

The following are matrimonial charges and obligations:

a) the expenses incurred in the administration and maintenance of the home and in the attention, education and integral formation of the common daughters and sons or those of each one of them;

b) the maintenance that either of the spouses is obliged to provide to their ascendants, brothers and sisters;

c) expenses for minor repairs and conservation of property owned by each of the spouses, but for common use and enjoyment;

d) major or minor repairs to common property;

e) all the debts contracted during the marriage, by either of the spouses, on the occasion of the support of the matrimonial charges and obligations, except in those cases in which the consent of both is required to contract them; and

f) the expenses of acquisition, possession and enjoyment of the common goods, as well as of the own goods if they are enjoyed by both.

Article 94. Urgent and necessary expenses. To make urgent expenses of a necessary nature, even when they are extraordinary, the approval of only one of the spouses will suffice.

Article 95. Responsibility for debts.1. The spouses respond with their joint assets for the debts contracted by both of them during the marriage, or by only one of them with the consent of the other.

2. If this is not enough, they respond in half with their own assets.

3. The payment of the debts contracted by one of the spouses before the marriage is not the responsibility of the marital community of goods.

Article 96. Right to refund or reimbursement.1. The spouse who has contributed their own property for the expenses or payments that are the responsibility of the matrimonial community has the right to be reimbursed for the value at the expense of the common patrimony.

2. For such purposes, the rules of the Civil Code on the right to reimbursement or reimbursement are applicable.

Article 97. Non-contractual obligations. The non-contractual obligations of a spouse, as a consequence of their actions for the benefit of the matrimonial community or in the field of property administration

common, are the responsibility and charge of the community, unless the attribution factor of said responsibility is entirely attributable to the debtor spouse.

Article 98. Responsibility for own acts to the detriment of the matrimonial community.1. If one of the spouses performs acts to the detriment of the rights of the other, or takes any amount of community assets to pay their own debts or to obtain individual benefit from these assets, they are obliged to reintegrate them into the marital community and become debtor of the matrimonial community for the amount of damage caused.

2. The injured spouse can request the Court for these purposes.

THREE SECTION ON THE ADMINISTRATION AND DISPOSITION OF THE MARRIAGE COMMUNITY OF ASSETS

Article 99. Equality of the spouses in the administration and disposition of joint assets.

1. Both spouses have equal rights and obligations regarding the administration of the marital community of property.

2. Any of them can carry out, indistinctly, the acts of administration and acquire the goods that by their nature are intended for the ordinary use or consumption of the family.

Article 100. Disposal of the common good by one of the spouses with the authorization of the other. None of the spouses can carry out acts of ownership in relation to the assets of the matrimonial community without the authorization of the other, except those of claim for community.

Article 101. Provision by will.1. Each of the spouses can dispose by will through legacy, or inheritance, of half of the common property.

2. The testamentary disposition of a common good produces all its effects if it is awarded to the inheritance of the testator.

3. Otherwise, the value that it had at the time of death is understood as a legacy.

Article 102. Duty of information on economic situation. The spouses must inform each other periodically about the situation and income from any economic activity of theirs.

Article 103. Nullity of the acts of administration and disposition of the common good by only one of the spouses. When the authorization of one of the spouses is required to carry out an act of administration or disposition of certain assets and this is omitted, they can be

declared null at the request of the injured spouse or, in the event of death, their heirs.

2. If one of the spouses unjustifiably refuses or is unable to offer the authorization, the competent court may decide to carry out the act of disposition or administration that is required, upon request of the acting spouse, provided that it is considered in the interest of the family or redound to the benefit of the common heritage.

Article 104. Unenforceability due to fraud. The legal effects derived from the acts carried out by one of them within the limits of their faculties with the purpose of defrauding them cannot be opposed to the other spouse.

Article 105. Defense of common assets in court. Either spouse may exercise the defense of common assets and rights in court by way of action or exception.

Article 106. Administration of common assets in case of absence. The administration of the matrimonial community of assets, in cases of absence, judicially declared, is carried out in accordance with the provisions that regulate this institution in the Civil Code.

Article 107. Supplementary nature of the Civil Code. In all matters not provided for in this Code, the norms regulating co-ownership by quotas of the Civil Code are applicable, where appropriate.

FOURTH SECTION OF THE DISSOLUTION AND LIQUIDATION OF THE MARRIAGE COMMUNITY OF PROPERTY

Article 108. Termination and effects of the matrimonial community of property.

1. The matrimonial community of property ends by the extinction or annulment of the marriage, by agreement of the spouses to modify or replace the agreed matrimonial regime or by judicial separation of assets.

2. Common assets are divided in half between the spouses, or in the event of death, or judicial presumption of death, between the survivor and the heirs of the deceased.

3. Prior to the dissolution of the marriage and at the request of one of the spouses or their successors in title, the Court may order that precautionary measures be taken to safeguard common assets.

4. In the event of there being daughters and sons who are minors or of legal age who, due to their disability, have been appointed intense support with powers of representation, the intervention of the Prosecutor's Office is mandatory, who can also request the Court to take said measures to that end.

5. When the marriage bond is extinguished due to nullity, the spouse who, due to her bad faith, motivated this cause cannot participate in the assets of the matrimonial community.

Article 109. Rupture of the affective cohabitation as a cause of extinction of the matrimonial community. For the purposes of the previous article, the matrimonial community of property is also considered extinguished from the date on which the rupture is proven in court of the affective bond of the spouses, when that does not coincide with the date of the legal extinction of the marriage.

Article 110. Effects on the matrimonial community of property of the judicial declaration of presumption of death.1. If the marriage is terminated by judicial declaration of presumed death of one of the spouses and in accordance with article 134 the presumed dead appears, without the marital community of property having been liquidated, both spouses deciding in the presence of the civil status registrar that the marriage acquires validity, it is understood that the regime has been restored.

2. The allegedly dead spouse can exercise the rights and actions that correspond to him against the apparent heirs, in accordance with the provisions of the Civil Code.

3. The liquidation of the matrimonial community of goods practiced by reason of the judicial declaration of death of one of the spouses is understood to be valid.

Article 111. Judicial separation of property during the term of the marriage.1. The judicial separation of assets can be requested by one of the spouses:

a) if the mismanagement of the other endangers him/her in danger of losing his or her eventual right to common property;

b) in cases of family violence; and

c) if, due to the disability of one of the spouses, a third person is designated as intense support with power of representation.

2. Sign the judicial resolution that provides for the separation of common assets, each party remains the owner of those that corresponded to them and the rules on the regime of separation of assets govern them.

Article 112. Exclusion of the subrogation action. The action of separation of assets in court, during the validity of the marriage, cannot be promoted by the spouse's creditors through the subrogation action recognized in the Civil Code.

Article 113. Reimbursements. Once the matrimonial community of property has been terminated, its liquidation proceeds. To this end, the amount of economic compensation that the matrimonial community owes to each spouse and that each of them owes to the community is determined.

Article 114. Assumptions of reimbursement.1. The marital community of property must financially compensate the spouse if he has benefited to the detriment of his own assets, and the spouse to the community if he has benefited to the detriment of the community assets.

2. If, during the existence of the matrimonial community of property, one of the spouses has disposed of their own property for valuable consideration without investing the price obtained, it is presumed, unless proven otherwise, that what has been received has benefited the community.

Article 115. Proof. Proof of the right to compensation is the responsibility of the person who invokes it, and can be made by any means of proof.

Article 116. Waiver of the rights of the matrimonial community.1. Either spouse may waive all or part of their rights in the matrimonial community of property, after the matrimonial bond has been extinguished, provided that this does not imply detriment to the minor or adult daughters and sons who are has designated him intense support with powers of representation, of both or one of the spouses.

2. The resignation is made by notarial public deed, or before the court that hears the liquidation process.

Article 117. Inventory and appraisal of assets in judicial proceedings.1. When there is no agreement between the interested parties for the liquidation of the matrimonial community of property in the manner provided in article 108, it is necessary to proceed to its judicial liquidation, the interested party must present in its claim the proposal for an inventory and appraisal of the assets. estate.

2. If the marriage has ceased due to divorce or annulment, or in any case if no more than one year has elapsed since the death of the spouse, the inventory and appraisal of assets is made based on the value they had on the date of termination of the marriage. .

3. If more than one year has elapsed since the death, the inventory and appraisal of the assets is made on the basis of their value on the date of liquidation. After the appraisal, the outstanding obligations are deducted, and the remainder is distributed in the proportion indicated in article 108.

Article 118. Ways to carry out the liquidation of the matrimonial community.1. The liquidation of the matrimonial community of property, due to divorce or death or judicial declaration of presumption of death, can be carried out, privately, by notarial public deed or by extrajudicial mediation agreement approved before the Court.

2. In case of conflict, it is resolved in court.

3. The liquidation of assets acquired up to the moment of the declaration of nullity of the marriage, is always carried out through the courts.

Article 119. Expiration period. After a period of one year has elapsed since the extinction of the marriage due to divorce, or the declaration of ineffectiveness, without the judicial or extrajudicial initiation of the liquidation of the matrimonial community of property, without prejudice to the provisions regarding preferential allocation of common property, each spouse remains the sole owner

of the movable property of common property whose possession has been maintained since said extinction.

Article 120. Preferential allocation of common assets in favor of the disabled spouse. In the liquidation of the marital community of assets, the status of disability is taken into account for the purposes of awarding assets within the marriage of the spouses in order to award in their favor those common goods that are most favorable for their family, community and social inclusion.

Article 121. Preferential allocation of common goods, necessary for the education or development of daughters and sons.1. The Court, in the liquidation of the matrimonial community of property, may provide that certain common property domestic assets that it deems necessary or convenient for the care, education and development of common or adult minor daughters and sons to whom they have been given intense support with powers of representation, property is awarded preferably to the spouse in whose custody and care they remain, if unilateral custody and care is established; If this exceeds his participation, he is granted the right of usufruct over that excess, notwithstanding that the other spouse retains his property right over the expressed participation fee, as long as he does not have other similar ones at his disposal and use.

2. The Court, likewise, can assess the existence of daughters and sons who are minors or of legal age to whom intense support has been assigned with powers of representation that are not common to the spouses and who are subject to the custody and care of one of the spouses. they, to live in a common home, for the purposes of applying the provisions of the preceding paragraph.

Article 122. Preferential award of common property obtained by merits of one of the spouses. Likewise, the Court that proceeds to the liquidation, may order that certain common property obtained by labor or honorary merits be awarded to the spouse to whom assigned to it, provided that other reasons of greater weight do not advise otherwise.

Article 123. Provisional award in use and enjoyment of assets and rights in the event of the death of one of the spouses to satisfy urgent needs.1. When the marriage is terminated by death or judicial declaration of presumption of death, both the surviving spouse, as well as minor or adult daughters and sons who have been given intense support with powers of representation, have the right to continue in the use and enjoyment of community assets until the liquidation operations are judicially approved.

2. The Court that hears the succession process authorizes, to the extent necessary, the surviving spouse to receive payment of amounts corresponding to the deceased or to the matrimonial community of assets and so that, charged to it or to the cash that forms part of the goods left, satisfy your current expenses and those of the daughters and

children who are minors or of legal age to whom intense support has been appointed with powers of representation and, for this purpose, extract from the bank accounts of the deceased or common, the sums that are necessary.

Article 124. Liquidation of the economic regime of marriage in cases of violence. At the time of the liquidation of the matrimonial community of property, in cases of violence, the aggressor loses his right to the part that corresponds to him in attention to the valuation carried out by the Court on the violence exercised and its consequences.

Article 125. Of the land and other agricultural assets. If the liquidation of the matrimonial community of assets falls on the land and other agricultural assets, this is carried out in accordance with the agrarian legislation and in compliance with the requirements established therein. , in accordance with the principles regulated in this Code.

VIDED CHAPTER SEPARATION OF PROPERTY REGIME

Article 126. Cases in which there is a separation of property.

There is a separation of property between the spouses:

a) when so agreed in matrimonial pacts;

b) when the matrimonial pacts provide that the matrimonial community of assets does not govern between them, without expressing the rules by which their assets must be governed; and

c) when, during the validity of the marriage, the extinction and liquidation of the matrimonial community of property has been ordered by judicial means, in the cases referred to in article 111.

Article 127. Registration of the judgment declaring the separation of property. The final judgment declaring the separation of property is registered by way of a marginal note in the marriage registration entry and, for the purposes of its opposability in front of third parties in the corresponding registry in the cases that proceed.

Article 128. Management of assets.1. In the regime of separation of assets, each of the spouses retains the free administration and disposal of their own assets. Those that are owned by him at the time the regime is established and those that he acquires later, by any title, except as provided in article 100, are understood as his own.

2. Each of them is responsible for the debts contracted by him, except for the provisions regarding joint and several liability.

Article 129. Proof of ownership of the assets.1. Both with respect to the other spouse and third parties, each of the spouses can demonstrate the exclusive ownership of a property by all the means of proof admitted by Law.

2. Assets whose exclusive ownership cannot be demonstrated, it is presumed that they belong to both spouses under the system of co-ownership by quotas, regulated by the Civil Code.

3. Requested by one of the spouses the division of an existing co-ownership between them, the Court can deny it if it affects the family interest.

CHAPTER VII OF THE MIXED REGIME

Article 130. Mixed regime.

The spouses can agree on a matrimonial economic regime that combines both the matrimonial community regime and the separation regime, whatever the nature of the assets and rights, adjusting in any case to what this Code establishes for each of them.

CHAPTER VIII OF THE TERMINATION OF MARRIAGE

FIRST SECTION GENERAL PROVISIONS

Article 131. Causes of extinction of marriage. The marriage bond is extinguished:

a) by death of either spouse;

b) by judicial declaration of presumption of death of one of the spouses; and

c) by divorce before the competent authorities.

Article 132. Proof of the extinction of the marriage. The extinction of the marriage bond is proven through:

a) the death certificate of either spouse issued by the corresponding civil status registrar;

b) the birth certificate of either spouse, with a marginal note issued by the corresponding civil status registrar, accrediting the judicial declaration of presumption of death, as provided in the judicial resolution issued by the court for that purpose competent;

c) the divorce certificate issued by the civil status registrar in which the former was registered; and

d) the marriage certificate with marginal note of divorce issued by the corresponding civil status registrar.

SECTION TWO OF THE COURT DECLARATION OF PRESUMPTION OF DEATH OF THE SPOUSE.

Article 133. Moment from which the marriage is extinguished.

The judicial declaration of presumption of death of one of the spouses extinguishes the marriage from the moment the event occurred that made the death presumed or the last news of the disappeared person was received with the effects established in the Civil Code .

Article 134. Effects of the appearance of the presumed dead person.1. If the person declared presumed dead appears or there is proof of his existence and once the judicial declaration of presumption of death has been annulled by the Court; the marriage terminated for this reason becomes effective, provided that the present spouse has not formalized a new marriage.

2. If the present spouse has formalized a new marriage, it maintains its effectiveness and the marital status of the person appeared is divorced with its own effects.

3. If one or both spouses do not wish to maintain the marriage bond, it must be dissolved through the divorce process.

CHAPTER IX DIVORCE

FIRST SECTION GENERAL PROVISIONS

Article 135. Nullity of the resignation.

1. Divorce is one of the causes of extinction of marriage.

2. The resignation of either spouse to the right to request a divorce is null and void.

Article 136. Procedures.1. Divorce is processed through a notary if there is a mutual agreement of the spouses implemented through a public deed or by judicial decision issued in a voluntary jurisdiction process.

2. If there is no agreement, it is processed in contentious proceedings before the competent court.

Article 137. Effects. Divorce has the following effects between the spouses:

a) the extinction of the existing marriage;

b) the extinction of the agreed matrimonial property regime; and

c) the extinction of the right of intestate succession and the status of specially protected heir.

Article 138. Alimony for vulnerable ex-spouse.1. If the spouses have lived together for more than one year or procreated in common, before or during the marriage, the Court establishes in the judicial resolution, or is instrumented in a notarial public deed, pension in favor of one of them in the following cases:

a) to the spouse who does not have paid work and lacks other means of subsistence, pension that is provisional and is paid by the other spouse for the term of a

year if there are no minor daughters and sons under their guardianship and unilateral care or adults to whom intense support has been designated with powers of representation;

b) if there are common daughters and sons, the pension is set for a longer term, so that the beneficiary can obtain paid work; and

c) to the spouse who, due to disability, age, illness or other insurmountable impediment, is unable to work and, furthermore, lacks other means of subsistence, assuming that the pension is maintained as long as the impediment persists;

2. In the cases referred to in subparagraph c of the previous section, the Court takes into account the labor and social security legislation and the special circumstances and decides what is most convenient; The same criterion is taken into account through a notary when the public deed of divorce is authorized, in which the adjustment of the spouses' agreements to this end, to equity and to the law, must be qualified.

SECOND SECTION ON JUDICIAL DIVORCE

Article 139. Legitimation and exercise of the divorce action.

1. Divorce proceeds through the courts by mutual agreement of the spouses or at the request of only one of them.

2. People with disabilities can exercise it by themselves, for which they can be assisted by the named supports.

3. In the event that intense support has been designated with powers of representation, you can exercise said action in accordance with the provisions of the Civil Code.

Article 140. Hearing of children or adolescents. In divorce proceedings where appropriate, the Court listens, assisted by multidisciplinary teams, to children or adolescents, in accordance with their capacity and progressive autonomy in accordance with their best interests, for the pertinent purposes.

Article 141. Imprescriptibility of the action. The divorce action can be brought at any time while the situation that motivated it subsists.

Article 142. Content of the judicial decision that provides for divorce.1. The Court, in the judicial resolution that orders the divorce, pronounces on parental responsibility, guardianship and care, the regime of family communication and maintenance on common minor daughters and sons, whether there were before or during the marriage, of the spouse in the cases in which it is necessary or of the persons of legal age in a situation of disability to whom intense support has been appointed with powers of representation.

2. With respect to related minor daughters and sons who are part of the common home of the couple, in the case of reconstituted families, the judicial resolution may, in the corresponding cases, be pronounced in accordance with the provisions of this Code regarding the legal regime on mothers. and like-minded parents.

3. In the event that one or more of the daughters and sons are in a situation of disability, such particular is taken into account to make the necessary adjustments in order to adequately weigh the legitimate interests of the people involved.

4. It also provides for the use and enjoyment of the home in which the couple resided, as provided for in article 148, if applicable.

Article 143. Parental responsibility.1. When ruling on parental responsibility, the Court establishes its ownership and joint exercise as a rule.

2. However, it can defer it in favor of the one who in its opinion should exercise it, when the best interest of the child or adolescent so requires, stating the reasons for which it deprives or suspends the other, or both, in which Of course, it also resolves on guardianship or guardianship, with the intervention of the Prosecutor's Office, in accordance with the principles that govern parental relations in this Code.

Article 144. Guard and care.1. When determining custody and care with respect to daughters and sons, the Court assesses the convenience of shared custody and care, when circumstances so determine, or unilateral custody and care, in favor of one of the holders of parental responsibility.

2. For the purposes of the provisions of the preceding paragraph, the Court abides by the rules established by this Code on parental relations.

Article 145. Regime of family communication and other people with affective bond in guardianship and unilateral care.1. The Court must try to establish a regime of family communication with the holders of parental responsibility by any means, including electronic means, in accordance with the best interest of the daughter or son.

2. Regardless of the established custody and care regime, the right of minor daughters and sons to maintain personal relationships with grandmothers and grandfathers and other relatives or people with whom they have an affective bond is also taken into account.

3. The judicial resolution that provides for the family communication regime conforms to the provisions of articles 305 to 310 of this Code.

Article 146. Alimony.1. The maintenance of minor daughters and sons is the obligation of the holders of parental responsibility.

2. In the judicial resolution of divorce, the amount or ancestry of the pension that corresponds in each case, the place and date of payment, as well as the currency in which it is paid, is determined.

3. Likewise, it corresponds to the holders of parental responsibility to support the daughters and sons of legal age in a situation of disability who have been assigned intense support with powers of representation, even when the latter are hospitalized in an educational care establishment. or health.

Article 147. Ascendancy of the alimony pension. The ascendancy of the pensions for minor or adult sons and daughters in a situation of disability who have been appointed intense support with power of representation, is set at relation to their normal expenses, as well as to the income and patrimony of the mother and father, in order to establish their proportional responsibility.

Article 148. Attribution of the right of usufruct of the house where the married couple lived.1. The right to use and enjoy the home where the spouses resided, as long as it is a home owned exclusively by one or the other, can be attributed to one of them in the following cases:

a) if they are in charge of the guardianship and unilateral care of the minor daughters and sons or have been appointed as intense support of the daughters and sons of legal age in a situation of disability and do not own a home; either

b) if he proves the extreme need for housing and the impossibility of procuring it immediately, given the situation of vulnerability in which he finds himself.

2. The Court must set the term for attribution of such right, which may not exceed three years, to be counted from the moment the sentence is handed down.

3. This right is opposable against third parties from its registration.

Article 149. Prohibition of alienation.1. At the request of the interested spouse, the Court may establish that the home is not alienated for any reason during the period provided without the express agreement of both.

2. The decision produces effects vis-à-vis third parties from its registration in the registry ordered ex officio by the Court.

Article 150. Cessation of the right of usufruct over the house where the couple lived.1. The right to use and enjoy the home ceases:

a) by compliance with the term set by the Court; and

b) due to a change in the circumstances that were taken into account for its setting.

2. The extinction of the usufruct right and the prohibition, judicially established, to dispose of the home, leads to the cancellation of the registration, at the request of the interested party.

Article 151. Legal subrogation over the leased property.1. If it is a leased property, the spouse who is not the lessee has the right by legal subrogation to continue in the lease until the expiration of the contract.

2. In such circumstances, he will be obliged to pay and to the guarantees that were originally established in the contract, unless the Court provides otherwise.

Article 152. Modification of the measures provided in the judicial resolution that provides for divorce. The measures provided in the judicial resolution that provides for divorce on parental responsibility, guardianship and care, and family communication regime, may be modified at any time when is appropriate because the factual circumstances that determined its adoption have changed.

Article 153. Measures to be adopted during the substantiation of the divorce process.1. In the measures that are adopted during the substantiation of the divorce process with respect to parental responsibility, guardianship and care and family communication regime of common minor daughters and sons, occurred before or during the marriage, alimony for these and the of the spouse, if appropriate, and those related to the matrimonial community of property, if applicable, the rules established in this Code are observed.

2. Said measures can be varied, likewise, during the process if reasons arise that warrant it.

SECOND SECTION OF NOTARIAL DIVORCE

Article 154. General provision.

1. Divorce is implemented by notarial deed when there is a mutual agreement between the spouses on the dissolution of the marriage bond and all its effects, even when there are minor daughters and sons.

2. In the absence of the agreement referred to in the previous paragraph, the divorce is processed by judicial means.

3. The norms contained in this Code on judicial divorce are applicable, as pertinent, to notarial divorce.

Article 155. Divorce by itself and through proxy.1. The spouses jointly request the dissolution of the marriage bond.

2. In exceptional cases and for justified reasons in which the spouses cannot appear jointly before a notary public, one of them can be represented through a public deed of power of attorney.

Article 156. Agreements on divorce. The notarial public deed of divorce has direct and immediate executive force for all legal purposes, as of its date and contains the agreements of the spouses on the following aspects:

a) The dissolution of the marriage bond;

b) the determination of the guardianship and care of common daughters and sons, whether they were born before or during the marriage, with special reference to the modality that has been agreed and its particularities;

c) the determination of the family communication regime according to the norms established in this Code, also taking into account the right of minor daughters and sons to

communicate and interact personally with grandmothers and grandfathers, and other relatives or people with whom they have affective ties;

d) any other aspect contained in the exercise of parental responsibility;

e) the determination of the amount of alimony that corresponds to minor daughters and sons, or adults in a situation of disability who have been appointed intense support with powers of representation, as well as the one that corresponds to grant to the ex-spouse, according to the circumstances, as well as the currency, place and date of payment;

f) the stipulations on the liquidation of the economic regime of the marriage, if applicable; and

g) the use and enjoyment of the home in which the married couple resided, as provided in article 148, if applicable.

2. With regard to related minor daughters and sons who are part of the common household of the couple, in the case of reconstituted families, the agreement conforms to the provisions of this Code regarding the legal regime on related mothers and fathers.

3. In the event that one or more of the daughters and sons are in a situation of disability, such particular is taken into account to make the necessary adjustments in order to adequately weigh the legitimate interests of the people involved.

Article 157. Postponement of the liquidation of the matrimonial community of property. Every notarial public deed of divorce contains the legal warnings corresponding to the liquidation of the matrimonial community of property, in the event that the ex-spouses expressly decline their right to carry it out in the act itself, if the established matrimonial economic regime had been this.

Article 158. Notarial application of equity and principles in family matters.1. The notary determines if the proposed agreements conform to equity and the principles established in family matters by the Constitution, the international treaties on family matters that are part of or integrated into the Cuban legal system and the principles recognized by this Code itself.

2. Likewise, to validate the agreements established by the spouses, it takes into account the best interests of the minor daughters and sons, and in the cases in which it is necessary, the listening of the minor daughter or son, in accordance with its capacity and progressive autonomy, as well as the criteria of the multidisciplinary teams and the fiscal opinion.

Article 159. Modification before a notary of the divorce agreements.1. The modifications of the agreements agreed between the ex-spouses that arise after the authorization of the public deed of divorce, are implemented before the notary who authorized the public deed of divorce, or before a different one, provided that, in any case, there is no contradiction between ex-spouses.

2. If it is implemented before a different notary, it is the responsibility of the notary to release the latter within seventy-two hours of authorizing the public deed of modification of the agreements, communication to the notary who is in charge of the public deed of divorce by mutual agreement so that make it consigned in the margin of said deed.

3. For the validation of said amending agreements, the notary will take into account the criteria provided in the previous article.

4. In the event of disputes between the ex-spouses, the notary refrains from acting and leaves the judicial process expedited.

Article 160. Modification of the divorce agreements by judicial means. From what is resolved by the competent Court when modifying the agreements contained in the public deed of divorce by mutual agreement, certification is sent to the notary where the notarial protocol is in force. in which said deed is recorded, for the purposes of consigning the corresponding marginal note.

Article 161. Enforcement process before the competent court. Failure by any of the ex-spouses to comply with any of the agreements contained in the public deed of divorce is resolved in the enforcement process before the competent court.

CHAPTER X OF THE INEFFICACY OF MARRIAGE

FIRST SECTION GENERAL PROVISIONS

Article 162. Causes of ineffectiveness.

The marriage is ineffective due to the absence of consent or its defects in the contracting parties, due to the presence of any of the prohibitions referred to in articles 66 and 67; as well as due to non-observance of the formal requirements demanded by law.

Article 163. Supplementary nature of the Civil Code. In matters not provided for in this chapter, the general rules of the ineffectiveness of legal acts contained in the Civil Code apply.

SECTION TWO OF THE ABSOLUTE NULLITY OF MARRIAGE

Article 164. Causes of marriage annulment.

Marriages contracted are null and void:

a) in violation of any of the prohibitions indicated in articles 66 and 67;

b) without the formalities provided as an essential requirement;

c) to achieve purposes other than those provided by law, by either spouse; and

d) through violence against either of the spouses.

Article 165. Imprescriptibility of the annulment action. The action to declare the nullity of the marriage is imprescriptible and can be exercised at any time by the interested party or by the prosecutor.

THIRD SECTION OF THE RELATIVE NULLITY OF MARRIAGE

Article 166. Causes of marriage annulment.

Marriages contracted are voidable:

a) with an error in the identity of the persons or in their essential qualities, or through fraud, or through a threat against either of the spouses; and

b) in violation of the other formalities that, without being an essential requirement, are required by law.

Article 167. Legitimation for the exercise of the annulment action. The relative nullity action corresponds:

a) to the spouse who suffered the error, fraud or threat; and

b) to either of the spouses and to the prosecutor, if the formal defect is not rectifiable ex officio.

Article 168. Term for filing an action for annulment. The action for annulment must be brought within six months of becoming aware of the error or fraud or the cessation of the threat, or from the formalization of the marriage in the cases provided for in subparagraph b) of article 166.

FOURTH SECTION OF PUTATIVE MARRIAGE

Article 169. Putative marriage.

1. A null or voidable marriage takes effect in favor of the common daughters and sons and for the spouse who has acted in good faith, if the ineffectiveness is due to the violation of the prohibitions of article 67 and subparagraphs b and c of article 68 or the presence of vices of the will in some contracting party.

2. If both spouses have acted in bad faith, the marriage does not produce legal effects in favor of either of them.

3. The spouse who, at the time of the formalization of the marriage, is aware of the existence of the cause of ineffectiveness or provokes it, acts in bad faith.

CHAPTER X MARITAL STATES

Article 170. Marriage status by reason of marriage.

1. By reason of marriage, the marital statuses of people are:

a) single, who have not formalized marriage;

b) married, who have formalized marriage and have not dissolved it;

c) divorced, those who have dissolved the marriage and in case of judicial declaration of presumption of death is contracted to what is established in the cases provided for in article 134; and

d) widows, who have terminated their marriage due to the death of one of the spouses, or due to the judicial declaration of presumption of death.

2. In case of annulment of marriage, it holds the marital status it had previously.

TITLE VIDE THE AFFECTIVE DE FACTO UNION

CHAPTER I

OF THE CONSTITUTION, REQUIREMENTS AND IMPLEMENTATION

Article 171. Scope of application.

1. The provisions of this Title apply to affective de facto unions between two people with legal aptitude to do so, who share a life project in common, of a singular, stable, notorious nature and for at least two years.

2. In order for them to enjoy such protection, their notarial instrumentation or judicial recognition is required, as appropriate, and the due registration in the corresponding registry.

Article 172. Constitution. The affective de facto union is constituted by the will of its members, regardless of its notarial instrumentation or judicial recognition and registration.

Article 173. Requirements. For the affective de facto union to have the legal effects provided for in this Code, its members must meet all the following requirements:

a) be of legal age;

b) not be united by kinship ties in a direct, ascending and descending line, siblings and other collateral relatives up to the third degree, except in the case of related relatives;

c) not be married, nor maintain another simultaneous affective de facto union, instrumented by notarial and registered act;

d) maintain a permanent common affective life project for at least two years; and

e) behave towards third parties such as a couple with affective-family ties.

Article 174. Notarial instrumentation.1. The members of an affective de facto union can go to the notary for the purpose of seeking their accreditation by act of notoriety, provided that they prove all the requirements demanded by this Code in the previous article, for which they must use the means of proof. established in Law.

2. The existence of an already terminated de facto union can also be instrumented through a notary, for the purpose of exercising the rights recognized in this Code, provided that the members of the couple, by mutual agreement, request it and no five years have elapsed.

(5) years from its extinction.

3. From the day after its authorization, a copy of the certificate of notoriety is issued ex officio within a period of three (3) days to the corresponding registry for the purposes of its registration.

CHAPTER IIDE COEXISTENCE AGREEMENTS

Article 175. Agreements of coexistence or development of the common life project.

1. The members of the couple who form an affective de facto union accredited by a notoriety act, always have to determine the legal status that will govern the economic relations during the cohabitation and can freely establish other agreements on the bases or rules of their cohabitation or project of common life, through notarial public deed.

2. They can be part of said agreements, by way of example:

a) the way in which the members of the couple contribute to the household burdens during their life together;

b) the way in which common debts are assumed;

c) the attribution of the house in common, in case of rupture;

d) the division of goods obtained in common, in case of rupture of the common life project; and

e) any other agreement, of personal content, on the way in which the couple wants to develop their common life project.

Article 176. Modification and extinction.1. The agreements can be modified by agreement of both members of the couple at any time, which is implemented by notarial public deed.

2. The rupture of the common life project of the couple extinguishes the cohabitation pacts, with full rights, towards the future, with the consequent extinction of the legal effects that the affective de facto union recognizes in this Code.

3. Agreements expected to take effect after the rupture have for their liquidation the term that they themselves provide or that is deducted from their nature.

Article 177. Nullity of the trial of notoriety. The trial of notarial notoriety can be annulled by the competent court at the request of the interested party or the Prosecutor's Office if non-compliance with the requirements set forth in article 173 of this Code is demonstrated, with the consequent nullity of the cohabitation agreements implemented by the couple in a public deed.

CHAPTER III ON THE JUDICIAL RECOGNITION OF THE FACTUAL UNION

Article 178. Judicial recognition of the affective de facto union while the members of the couple are alive.

1. If the affective de facto union that has not been previously notarized and registered in the corresponding registry is extinguished and there is no agreement for the exercise of

the rights recognized in this Code, any of its members with a legitimate interest and for such purposes, may exercise the corresponding action to prove their existence before the competent court through the process determined by law.

2. The action is brought by one of them against the other within an expiration period of five (5) years, counted from the day after the union was extinguished.

Article 179. Judicial recognition of the de facto affective union after the death of one of the members of the couple. In case of death or judicial presumption of death of one of the members of the couple, contained in a final resolution, The action is brought within the same period provided for in the previous article by the person who survives or by those who are specially protected heirs of the deceased or presumed dead person against the surviving member of the couple, counting this from the day following the death or the day on which the judicial decision becomes final.

Article 180. Intervention of the Prosecutor's Office as a party. The Prosecutor's Office is a party to any process of judicial recognition of an affective de facto union.

Article 181. Judicial decision. Registration.1. The court that knows the process of judicial recognition of the affective de facto union, when issuing a sentence, determines the existence or not of the union.

2. In case of being proven, the resolution that is dictated sets the date of beginning and extinction of the aforementioned union.

3. The court that issues a ruling that recognizes the existence of an affective de facto union issues a communication in the process of execution to the corresponding registry for the purpose of carrying out the registration entry.

Article 182. Recognition of rights in favor of the member in good faith. When the affective, notorious and stable union is not singular because one of its members is married or in a previous affective de facto union, instrumented by notary and Registered in the corresponding registry, it has full legal effects in favor of whoever has acted in good faith and of her daughters and sons.

CHAPTER IV OF PUBLICITY AND PROOF OF AFFECTIVE UNION

Article 183. Advertising.

1. The existence of the de facto union is registered in the affective de facto unions section of the registry corresponding to the place where it was notarized.

2. Its extinction and the agreements entered into by the couple, only for evidentiary purposes, are registered outside the main entry of the registration of the affective de facto union.

3. A new registration of an affective de facto union does not proceed without previously registering the extinction of the pre-existing one.

4. The agreements agreed upon by the members of the affective de facto union, as well as their modification or extinction are opposable to third parties from their registration.

Article 184. Proof of the existence of the affective de facto union.1. The existence of the affective de facto union can be proven by any means of proof.

2. Only the registration of the public deed in which it has been implemented or the judicial decision that has recognized it in the corresponding registry generates the legal effects provided for in this Code.

3. Said registration does not create a new marital status.

Article 185. Possession of the united status. In any non-family process in which the existence of the affective de facto union could not be proven in accordance with the provisions of articles 173 and 174, for the purposes of the process in which in question, proof of its existence is the constant possession of the united status, together with the certifications of the registration of the birth of the daughters and sons, if any, and with the effects, as the case may be, as provided in the chapter 4 of this Title.

CHAPTER V OF THE EFFECTS OF AFFECTIVE FACTUAL UNION

Article 186. Limits.

The personal and patrimonial relations of the couple united in fact must be governed in any case by the rights, duties and guarantees recognized for all persons in the Constitution of the Republic.

Article 187. Personal relations.1. The members of an affective de facto union owe each other assistance, solidarity, loyalty, consideration and respect while their common life project lasts.

2. They are compelled to develop their relationships free from the use of violence in any of its manifestations.

Article 188. Patrimonial relations.1. Relations of economic content between the members of an affective de facto union are governed by the provisions of the agreement they have entered into.

2. In the absence of an agreement, each of the members of the union freely exercises the powers of administration and disposition of the assets of their ownership.

3. The norms contained in articles 74 to 81 relative to the provisions common to all matrimonial economic regimes, are applicable, as pertinent, to affective de facto unions.

Article 189. Liability for debts to third parties.1. The members of the affective de facto union are jointly and severally responsible for the debts that one of them would have contracted with third parties to settle the

ordinary household needs that fully favor the achievement of family goals.

2. The same is done in the case of minor daughters and sons, whether common or not, or even of legal age, in a situation of disability of these or other family members in their care, which entails economic vulnerability.

3. Outside of these cases, and unless otherwise provided in the agreements, none of the members of the union is responsible for the obligations of the other.

CHAPTER VIDE THE EXTINCTION OF THE AFFECTIVE UNION

Article 190. Termination of the affective de facto union.

1. The affective de facto union is extinguished:

a) by the death of one of its members;

b) by final judicial resolution of presumption of death of one of its members;

c) by marriage or new union of one of its members, in the event that the union had not been verified by the notary and registered in the corresponding registry;

d) due to the marriage between the members of the affective de facto union;

e) by mutual agreement, through a notarial public deed if it has been previously implemented and registered in the corresponding registry; and

f) by unilateral will of one of the members of the couple, contained in a notarial public deed and duly notified by a notarial public document to the other;

2. When the cause for extinction of the affective de facto union is that provided for in subparagraph d) of the previous section, they must implement its extinction before a notary public, as well as that of the patrimonial content pacts that they have established.

Article 191. Distribution of assets.1. In the absence of an agreement, the assets acquired during the existence of the affective de facto union belong to the member of the couple in whose name they were acquired, without prejudice to the application of the principles related to solidarity, the prohibition of undue enrichment and the interposition of people

2. The legal regime of co-ownership by quotas established in the Civil Code is applied to assets acquired in common.

Article 192. Economic compensation for work in the home. Property acquired in common is also considered to be those obtained in the name of the member of the affective domestic partner with purchasing power for it when the other provided his economic contribution with work in the home. home or who, due to age, disability, illness or other insurmountable impediment, is unable to work and, furthermore, lacks other means of subsistence.

Article 193. Preferential allocation of goods and rights in case of economic compensation for work at home. When appropriate, the Court may order, in the case of economic compensation for work at home, the right to whoever has dedicated himself to this work, to continue in the use and enjoyment of the community assets until the liquidation operations are judicially approved; as well as it can determine alimony to the ex-vulnerable partner if the conditions provided for in article 138 of this Code occur.

Article 194. Inheritance rights. The death or judicial declaration of presumption of death, contained in a final resolution, of one of the members of the affective de facto union, creates for the survivor inheritance rights of the same nature as those of the spouse .

Article 195. Termination agreements related to parental responsibility.1. Mutually agreed upon the extinction of the affective de facto union by the members of the couple, upon ending their common life project, they can determine through an agreement, instrumented by notarial public deed, with the intervention of the Prosecutor's Office, what is related to minor daughters and sons, in the following terms:

a) the regime of custody and care of minor daughters and sons, common to the couple, and in correspondence with it, the communication regime adopted for this purpose;

b) alimony in favor of each daughter and son, content of the obligation, currency of payment, place and time of fulfillment of said obligation; and

c) any other aspect contained in the exercise of parental responsibility.

2. With regard to related minor daughters and sons who are part of the common household of the couple, in the case of reconstituted families, the agreement conforms to the provisions of this Code regarding the legal regime on related mothers and fathers.

3. In the event that one or more of the daughters and sons are in a situation of disability, such particular is taken into account to make the necessary adjustments in order to adequately weigh the legitimate interests of the people involved.

4. The Prosecutor's Office rules in writing on such agreements, after listening to the daughters and sons involved in them, so that they conform to the law, equity, and their best interest.

Article 196. Judicial determination of the legal status of relations with minor sons and daughters.1. If after the extinction of the affective de facto union, there is no agreement between the members of the couple, the issues related to their relations with the minor daughters and sons, referred to in the previous article, are substantiated in court before the competent court by the process determined by law.

2. The provisions of the previous article on minor daughters and sons in a situation of disability are also taken into account by the court.

Article 197. Attribution of the right to usufruct of the home in which the affective de facto union resided. The rules relating to the right of usufruct of the home contained in article 148 of this Code are also applicable to affective de facto unions .

TITLE VII AFFILIATION

CHAPTER I GENERAL PROVISIONS

Article 198. Filiatory equality.

All daughters and sons are equal and therefore enjoy identical rights and have the same duties with respect to their mothers and fathers, regardless of their marital status and the constitutive title of their affiliation.

Article 199. Prohibition of reference to the source of affiliation in the entry of the birth registration. In the birth certificates issued by the civil status registry, no data is recorded from which the source of affiliation can be inferred .

Article 200. Types of affiliation and constitutive title.1. The filiation can take place by natural procreation; by the legal act of adoption; for the use of any assisted reproduction technique and for the ties that are built from judicially recognized socio-affectivity.

2. It includes both the procreation and parentage ties, as well as the social and affective ties that make a person hold the status of mother, father, daughter and son.

Article 201. Effects of affiliation.1. Any affiliation, whatever its constitutive title, produces the same legal effects.

2. The affiliation determines parental responsibility, surnames, food, inheritance rights and other effects established by law.

3. The order of the surnames is that established in the corresponding registry legislation, without prejudice to the agreement reached by mothers and fathers in the sense of establishing a different order from these at the time of registration of birth or adoption, thus maintaining for the rest of the common daughters and sons.

4. Daughters and sons, upon reaching the age of majority, may alter the order of the surnames according to the procedure determined by law for that purpose.

Article 202. Proof of filiation. Filiation is proven by the certification issued in accordance with the birth registration entry in the Civil Status Registry carried out in accordance with the respective legal provisions.

Article 203. Proof of filiation by possession of status of daughter or son.1. In the absence of certification issued in accordance with the birth registration seat in the civil status registry, it can be proof of filiation, possession of the status of a daughter or son.

2. Possession of status does not in itself prove filiation, but it is one more proof of an extraordinary and supplementary nature that allows presuming those who, by their intention and action, can be considered mothers or fathers.

3. The facts or circumstances that evidence the possession of status require judicial recognition and the sentence handed down once registered in the civil status registry is the title that serves as proof of filiation and produces full legal effects.

Article 204. Intervention of the support of people with disabilities.1. The exercise of the rights and filiatory actions recognized in this Code of people in a situation of disability to whom intense support with powers of representation has been appointed, can be exercised by this, taking into account, in addition, the wills and preferences, expressed by said person prior to the appointment of support.

2. In appropriate cases, these rights and actions are exercised before the corresponding Court.

Article 205. Double filiatory ties. As a rule, every daughter and son has, at most, two filiatory ties.

Article 206. Exceptional nature of multi-parenthood and sources.1. Exceptionally, a person may have more than two filiatory ties, either due to original causes, in cases of assisted filiation where there is no anonymity of the donor or surrogate person; or, due to supervening causes in cases of filiation built socio-affectively to avoid the displacement of filiation and adoptions by integration, in attention to the principles of best interests of the daughter or son and respect for the family reality.

2. In these cases, the filiatory link is legally established regardless of the biological link or the genetic component of the persons involved.

3. In these cases, to determine the surnames and their order, if the daughter or son is a minor, what is most beneficial is taken into account, in accordance with her best interest and respect for her identity. .

Article 207. Judicial recognition of multi-parenthood.1. In any case, multi-parenthood is legally recognized.

2. In the event of supervening multi-parenthood due to socio-affectivity, the competent court, once all the concurrent circumstances have been reasonably proven, and after hearing the opinion of the minor daughter or son in accordance with their psychological maturity, capacity and progressive autonomy in the In the corresponding cases, it may or may not provide for the recognition of affiliation in favor of those who have requested it, without this leading to the displacement of already established affiliations.

3. The circumstances referred to in the previous paragraph are linked to the proven presence of a notorious and stable family socio-affective bond, regardless of the existence or not of a biological bond between a person and the daughter or son, to the behavior of the person as a mother or legal father has meritoriously complied with the duties incumbent on him by reason of socially and family-based paternity or maternity and of whom, by their intention, will and action, can be presumed to be mothers or fathers.

4. They are defendants in the processes in which the decision that can be adopted leads to the establishment of more than two affiliation ties, in addition to the daughter or son, those that appear in the registration and the Prosecutor's Office.

CHAPTER IIDE FILIATION BY NATURAL PROCREATION

FIRST SECTION GENERAL PROVISIONS

Article 208. Determination.

Consanguineous affiliation is determined by the voluntary recognition made by mothers, fathers or both with respect to daughters and sons; by law and by judicial sentence issued in filiatory proceedings.

Article 209. Investigation of filiation. In all filiation processes, the investigation of paternity and maternity can be carried out by any means of proof.

Article 210. Effects of the refusal to submit to research tests. The refusal to submit to the biological test must constitute a valuable indication that, together with the rest of the tests, can lead to the determination of paternity or motherhood.

SECTION TWO ON THE RECOGNITION OF FILATION

Article 211. Voluntary recognition.

Recognition is voluntary when, in the absence of a marriage, the following is carried out:

a) by personal declaration of the mother and father in a notarial public deed or in the Civil Status Registry; when the recognition is made by only one of them, the affiliation takes effect only for the one who recognized it;

b) by will;

c) by express declaration contained in a notarial public deed of the father of the conceived and unborn child; and

d) by declaration contained in a notarial public deed in the case of a deceased daughter or son, if they have descendants, expressed by the mother, the father or both.

Article 212. Acknowledgment by will. When the acknowledgment is made by will, it is registered in the Civil Status Registry, if the daughter or son has not been previously recognized and, provided that they have their consent if it is adult.

Article 213. Required capacity for recognition. For the recognition of a daughter or a son, the natural capacity to have engendered and discernment is enough.

Article 214. Compulsory recognition. Recognition is determined by court ruling for the exercise of actions to claim filiation to establish or modify a filiation bond.

THREE SECTION OF THE PRESUMPTIONS OF FILIATION

Article 215. Presumptions of marital affiliation or derived from the affective de facto union.

The affiliation of the daughters and sons of married persons or in an affective de facto union is presumed:

a) those born during its validity; and

b) those born within three hundred (300) days after its extinction.

Article 216. Presumptions of affiliation when there is no marriage or affective de facto union. The affiliation of the daughters and sons of unmarried persons is presumed, nor in an affective de facto union:

a) when it can be inferred from the statement of the mother or father formulated in an undoubted document; and

b) when the couple relations have been notorious during the period in which the conception could take place.

Article 217. Presumption of maternity. Maternity is determined by the fact of childbirth and the identity of the daughter or son, unless proven otherwise.

FOURTH SECTION OF THE IMPUTATION OF PARENTAGE

Article 218. Faculty of imputation.

The mother who has had a daughter or son without being married, nor in an affective de facto union, has the power to impute the filiation stating the name of the parent.

Article 219. Appearance of the alleged father.1. When the acknowledgment referred to in subparagraph a) of article 211 was made only by the mother, she can offer the name and surname of the alleged father and the data for her location.

2. The latter is summoned personally to appear before the civil status registrar, aware that if he does not attend within the ninety (90) day period, the daughter or son will be registered as his.

Article 220. Omission or falsity of identification data. When the name and surname of the presumed father is not recorded by the mother, nor is the data offered to proceed to its effective location or these are false, or with those provided If his summons is impossible, the registration is practiced without consigning the paternity, leaving the right of the former to exercise at any time the action of claiming his filiation through the courts.

Article 221. Acceptance or denial of paternity.1. If the parent appears within the period set to accept paternity, the registration is carried out in accordance with the registration legislation.

2. If you are prevented, for just cause, from appearing before the civil status registrar, you can, by means of a public document, accept or deny the acknowledgment of paternity within the same period established.

3. Once paternity is denied within the warning period, the registration is carried out without recording the name and surname of the person who has denied parentage, stating both of the mother's surnames, or repeating the only one she has.

Article 222. Acknowledgment of parentage, after its denial.1. The parent who intends to recognize the daughter or son recognized only by the mother, or who, personally summoned before the civil status registrar, denies his or her paternity, may recognize the filiation at any subsequent time, requiring the consent for his or her entry in the registry. of whoever has recognized it, of the daughter or son if they are of legal age, or being a minor, taking into account their capacity and progressive autonomy.

2. If the person who must grant consent expresses it in a positive sense, the registration is carried out in accordance with the registration legislation.

3. If the person who must grant the consent expresses it in a negative sense, it can be determined through judicial process promoted by the person who intends to recognize or by the Prosecutor's Office, as appropriate.

4. The consent of the person who has recognized it is not required in the cases referred to in article 220.

Article 223. Acceptance or denial of maternity. The procedure established in the articles of this section is followed with respect to the mother, if it was the father who had made the declaration or in cases of comaternity.

SECTION FIVE OF THE CLAIM OF FILATION

Article 224. Purpose.

The action of claiming the affiliation has as its object its determination when this has not been previously established.

Article 225. Holders of the claim action.1. The action of claiming to another the filiation of one's own daughter or son corresponds to the person who appears registered in the registry as mother or father of the daughter or son.

2. It also corresponds:

a) to the daughter or son, at any time, after they reach their majority;

b) to the legal representative of the minor daughter or son, listening to the interest of the latter according to their progressive autonomy, or to the intense support with powers of representation in the cases of persons of legal age who are in a situation of disability, or failing that, the Prosecutor's Office; either

c) in case of death of the daughter or son, to their descendants.

Article 226. Accumulation of actions to claim recognition prior to challenging the established affiliation.1. The person who considers himself entitled to register as his, the daughter or son previously recognized by another person, by virtue of considering himself his or her true parent, can at any time establish the judicial claim action leading to that end.

2. If the person whose recognition is in question is of legal age, it is a requirement for the substantiation of the process that the action be brought jointly by whoever considers himself entitled to recognize and by the daughter or son whose recognition is sought.

Article 227. Main character of the action of recognition of filiation.1. In the cases of the recognition action referred to in the previous article, the challenge action is accessory to the claim action and can only be upheld if it is also successful.

2. Taking into account the circumstances of each case, the provisions contained in articles 206 and 207 of this Code remain safe.

Article 228. Claim of filiation when there is no marriage or affective union. In the case of article 221.3, if consent is not given by the persons to whom it refers, filiation can be legally claimed at any time after the date of refusal.

SIXTH SECTION OF THE CHALLENGE OF THE PARENTAGE

Article 229. Purpose.

The purpose of the action to challenge the affiliation is to displace a formally determined one.

Article 230. Challenge of matrimonial affiliation or derived from affective de facto union.1. The registration of the birth of the daughter or son of married persons or in an affective de facto union, practiced in accordance with the provisions of the registry legislation, can be challenged by the spouse or by the member of the affective de facto union that does not attend the act.

2. The challenge can be based on the impossibility of having procreated the daughter or son or on the non-correspondence with the biological truth.

Article 231. Challenge of filiation when there is no marriage or affective de facto union. The person who has not attended the civil status registrar to accept or deny the paternity or maternity that is imputed to him and from it results your registration, you can challenge it in the terms that this Code establishes.

Article 232. Challenge of maternity or paternity.1. Maternity can be challenged because the woman is not the mother of the daughter or son who passes for hers when she claims substitution or uncertainty about her identity.

2. The same right corresponds to the father in similar circumstances.

Article 233. Challenge that corresponds to the daughters and sons.1. The daughter or son of legal age who was recognized during the minority, can challenge the recognition as long as she knows the fact that provokes her action or the evidence on which it is based.

2. When the daughter or son is a minor, the exercise of the action corresponds to her legal representative or to the Prosecutor's Office or the Defender's Office.

Article 234. Situations that affect the expression of will.1. They can challenge the recognition contained in the registration who, in the belief that they were or that another was the true parent, recognized, accepted or consented to the recognition of another.

2. The action to challenge the recognition made by someone who was in a situation that prevented them from conforming or expressing their will by any means or with the presence of any of the vices of consent, corresponds to whoever granted it, to their legal representatives or through of the intense support that has been appointed with powers of representation.

Article 235. Expiration of the right to exercise the challenge action. The right to challenge the action referred to in this Section can only be exercised within the year following the date of registration or in which the claimant He had knowledge of the impossibility of having procreated, or of the discovery of the evidence on which the challenge is based, or of having known of the substitution in the cases of maternity or paternity, or because the situation that prevented him from forming his will had ceased by any means, or upon becoming aware of the error or fraud, or since the threat ceased.

Article 236. Continuation of the exercise of the action. In the event of the death of the person who holds the active legitimacy for the exercise of the challenge actions referred to in this Section, the right to continue it is transmitted to those who by law the inheritance would have corresponded to him, if he dies after having filed the action.

Article 237. Of the recognition by complacency. The recognition made by the spouse or domestic partner of the mother knowing that there is no blood relationship with her daughters and sons, born before, is not challengeable. at the beginning of the marriage or affective de facto union and provided they do not have a specific paternal affiliation, alleging ignorance of the lack of biological link, without prejudice to the claim action that may be filed by whoever considers themselves the true parent.

CHAPTER III OF ADOPTIVE FILIATION

FIRST SECTION GENERAL PROVISIONS

Article 238. Constitutive title.

Adoptive affiliation results from the legal act that judicially authorizes it prior to compliance with the requirements established for this purpose in this Code.

Article 239. Purpose. Adoption is a legal institution for family and social protection, of public order, based on the best interests of minors, and a form of family integration whose purpose is to guarantee their right to live as a family and ensure their well-being and integral development.

Article 240. Guiding principles.1. For the purposes of interpreting and applying legal norms and for decision-making on adoption, in addition to the provisions contained in this Code, assessment guidelines that promote the protection of the right of the child and adolescent are taken into account. to live as a family and consider what is most beneficial to their interest, seeking,

Whenever possible, keep him within his extended family of origin or in close affective environments made up of non-relative third parties with whom he maintains a lasting significant bond and, exceptionally, in specially dedicated centers or institutions in your care.

2. In the case of siblings, efforts are made to ensure that they are not separated before or during the adoption process and that they are separated by the same family.

3. If this is not possible, the Court must order that the adoptive persons take the necessary measures to maintain communication between the siblings unless reasonably well-founded reasons advise another solution.

Article 241. Rights of adopted persons. Adopted persons have the right to:

a) know their biological identity and their origin, and access the adoption file as soon as they acquire full legal capacity in accordance with the norms established in this matter in the Civil Code or those that complement it;

b) to be registered with the surname(s) of the adopters unless the Court, for justified reasons, exceptionally determines another solution and to maintain one of their names, the adopters being able to add new names;

c) to be informed and advised throughout the adoption process of the consequences of their adoption; and

d) to be listened to at all times, taking into account their age, degree of maturity, capacity and progressive autonomy.

Article 242. Character of the adoption. The adoption is full, indivisible and irrevocable once it is judicially authorized.

Article 243. Effects of adoption. Adoption creates between adoptees and adopters and their relatives, a kinship bond equal to that between mothers, fathers, daughters and sons, from which the same rights, duties, and effects are derived. reciprocal laws, including the prohibitions to formalize marriage or implement affective de facto unions, which subsist in relation to the adoptive family and the family of origin.

Article 244. Extinction of filiatory ties.1. The adoption extinguishes the filial and kinship legal ties that have existed between adoptees and their mothers, fathers and blood relatives of the latter, except in the case of adoption by integration, in which the extinction is limited to one of the lines of relationship, with the exception referred to in article 245 of this Code.

2. The extinction of legal ties with the adoptee's family of origin, and the birth of such ties with the adopter's family, is understood without prejudice to the provisions on prohibitions in the previous article.

Article 245. Exception of subsistence of the link with the previous family. The legal ties of the adoptee with his previous paternal or maternal family may subsist in the case of adoption by integration of the daughter or son of the spouse or affective domestic partner of the adopter, authorized in the manner established by this Code in articles 253 to 258, provided that duly accredited reasons advise it.

Article 246. Adoption between relatives. When it comes to adoption between blood relatives, within the limits established in this Code, the filial and kinship legal ties that have existed between the adoptee and the rest of his blood relatives are readjusted.

Article 247. Rule of unilateral adoption.1. Except for spouses or domestic partners, no one can be adopted by more than one person.

2. No married person or person in an affective union can unilaterally adopt a girl, boy or adolescent, except in cases of integration adoption.

3. If, during the adoption process, there is a divorce or extinction of the domestic partner, or the death or judicial declaration of presumed death of one of the applicants, the process started can be continued and the adoption ordered in favor of of both, provided it is for the benefit of the child or adolescent.

SECTION TWO ON PERSONAL ITEMS

Article 248. Cases in which the adoption proceeds.

Only persons under eighteen (18) years of age who are in one of the following cases can be adopted, with respect to those who hold ownership of parental responsibility:

a) that are not known;

b) that with respect to them has been extinguished by death or the judicial declaration of presumption of death;

c) that they have been deprived; either

d) who expressly express their will for the purposes of adoption.

Article 249. Express manifestation of will for the purposes of adoption.1. Consent for adoption purposes can be expressed in the following ways:

a) through the delivery of the parent, or of the parent in the cases that proceed due to death of the former or mutual agreement of both, at the time of birth and before registration, by informed consent, with the procedures established for such purposes in the corresponding institutions and, effective once one hundred eighty (180) days have elapsed; without any criminal responsibility being required from this act; and

b) through a notarial public deed or in the presence of a court with the express designation of a specific person.

2. In any case, the manifestation of will becomes effective in the corresponding adoption process, without any compensation or gift.

Article 250. Requirements to adopt. People who meet the following requirements can adopt:

a) have reached twenty-five (25) years of age;

b) be in full enjoyment of civil and political rights;

c) be in a position to meet the economic needs of the adoptee;

d) have a conduct that makes it possible to reasonably presume that the adoptee will comply with the duties established in article 286 of this Code;

Article 251. Age difference between adopter and adoptee. There must be a minimum age difference of eighteen (18) years and a maximum of fifty (50) years between adopters and adoptees, except in cases of:

a) adoption between relatives, within the limits established by this Code;

b) adoption by integration; either

c) the adoption of several brothers, sisters or disabled minors.

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Article 252. Impediments to adopt. They cannot adopt:

a) people who do not meet the requirements referred to in articles 250 and 251;

b) relatives located in a straight line;

c) people who have been punished for crimes related to gender or family violence, or that threaten the life, physical integrity and sexual freedom of people;

d) people who have ever been deprived of parental responsibility for their own daughters or sons for reasons that prevent the revocation of that decision;

e) one of the spouses or domestic partner without the express consent of the other; and

f) the guardian or the tutor while he/she does not legally cease in his position and the final rendering of accounts of his management is judicially approved.

THREE SECTION ON ADOPTION BY INTEGRATION

Article 253. Adoption by integration.

One of the spouses or domestic partner may adopt the daughter or son of the other, if the mother or father of the minor person to be adopted consented, had died, or had been deprived of parental responsibility or was unknown without necessarily extinguishing the parental and kinship legal ties that exist between the adoptee and his mother or father and his family of origin, taking into account the concurrent circumstances in each case.

Article 254. Purpose of integration adoption. The purpose of integration adoption is to consolidate the socio-affective relationship between the adopter and the daughter or son of the spouse or affective domestic partner.

Article 255. Essential budget. If the minor maintains an intense, frequent and positive bond with their mother or father of origin who is not living together, the adoption of the spouse or domestic partner of any of them is not appropriate, resulting applicable in these cases the rules that regulate the rights and obligations of related mothers and fathers.

Article 256. Adoption by integration when there is only one filiatory link. If there is only one filiatory link of origin, the minor person whose adoption is interested is inserted into the family of the adopter with the same effects of adoption full.

Article 257. Adoption by integration when there is a double bond of filiation.1. If the minor person whose adoption is of interest has a double filial bond of origin and the affective or personal bond with the other mother or father is non-existent or scarce and the choice is made to preserve the filial bond of the girl or boy with him or her, the they maintain unrestricted ties with their extended family.

2. The rules regarding relations with the rest of the relatives of origin are decided according to the circumstances of the case, taking into account the best interest of the child or adolescent and the origin or not of preserving the family ties of origin.

3. In the event of the death of the mother or father of origin, filiation ties with her or hers and with her extended family are maintained without restrictions, unless duly founded reasons advise another decision.

Article 258. Adoption of one among several daughters or sons of the spouse. When a spouse or domestic partner requests the adoption of a single daughter or son, among several, of the other, the Court must consider the convenience or not of authorize it, taking into account the interest of the other daughters or sons if they are minors.

SECTION FOUR OF THE CONSTITUTION OF ADOPTION

Article 259. Judicial authorization.

In any case, the adoption is judicially authorized so that it has validity and legal effects, provided that the following points are justified:

a) that the adopters meet the requirements set forth in articles 250 and 251;

b) that the adoptee is under eighteen (18) years of age and is included in any of the cases of article 248; and

c) that there are grounds to reasonably presume that all the requirements set forth in articles 239 and 286 are met.

Article 260. Intervention in adoption processes.1. They have intervention as parties in the adoption process, the girl, boy or adolescent, if they are of sufficient age and degree of maturity, who appears with legal assistance; their mothers, fathers or other legal representatives; the administrative body that participated in the extrajudicial stage; the Prosecutor's Office and the Defender's Office, in the cases that proceed.

2. In the case of the consent of the people who will be adopted, it is enough that they are over twelve (12) years of age or that they can, due to their degree of maturity, express their will unequivocally without necessarily having to be assisted by a representative.

3. In the case of minors sheltered in social assistance centers of the national network, the addresses of these centers instruct the adoption file where all the procedures are carried out and all the required requirements are accredited, and once finalized, prior approval of the authority determined by the Ministry of Education, it is delivered to the petitioner for presentation to the corresponding court.

Article 261. Other people with the possibility of being heard.1. The own or common daughters and sons of the adopters can be heard at any stage of the adoption process if there is cohabitation between them, regardless of age and they have sufficient capacity and progressive autonomy to express their criteria.

2. The Court can also listen to the relatives and other affective referents of the person whose adoption is sought.

Article 262. Judicial decision authorizing the adoption.1. The judicial resolution that authorizes the adoption is always reasonably founded and is registered by means of a note in the margin in the entry of the birth registration of the adoptee in the corresponding registry.

2. No statement denoting the status of adopted is recorded in the certifications issued on these registrations, except in the case of an express request from the competent authority.

SECTION FIVE OF THE OPPOSITION, CHALLENGE AND NULLITY OF THE ADOPTION

Article 263. Opposition to adoption.

1. They can oppose the adoption during the substantiation of the voluntary jurisdiction process:

a) in the cases of subparagraphs a) of article 248, the mother or father of the minor person who retains parental responsibility, having to justify the filiation by means of the certification of the respective birth registration; and

b) in the case of subparagraphs b, c and d of article 248, grandmothers and grandfathers, and in the absence of these, uncles and aunts and brothers and sisters of legal age when they have the person under the age of age and provided that they justify this circumstance, as well as kinship by means of the corresponding certifications from the civil status registry.

2. Related relatives or third parties with a legitimate interest who duly prove their reason, as well as whoever exercises guardianship of the person under the age of

age, the exercise of the position must be accredited with certification issued by the authority in charge of the guardianship registry; who directs the social assistance center if after the delivery of the adoption file is aware of other elements that do not advise it; and in any case, the Prosecutor's Office.

Article 264. Effects of the opposition. If there is opposition to the adoption by any of the persons referred to in the previous article, the proceedings of the voluntary jurisdiction process are archived and the right of the interested parties to promote it is expedited. through the corresponding contentious process.

Article 265. Challenging the adoption. Only the judicially agreed adoption may be challenged by the persons listed in article 263, within a period of six months from the date of finalization of the resolution and provided that they justify the cause that prevented them from oppose timely.

Article 266. Ineffectiveness of the legal act of adoption.1. In the absence of any of the established requirements, or in the presence of vices of consent, or due to non-compliance with the legal requirements established for this purpose, the interested party or the Prosecutor's Office may exercise the corresponding nullity or annulment action, depending on the case, within a six-month expiration period from the date on which the judicial decision authorizing the adoption becomes final.

2. In these cases, the legal act of adoption is validated provided that the established requirements have been subsequently met.

CHAPTER IV OF ASSISTED FILIATION

FIRST SECTION GENERAL PROVISIONS

Article 267. Scope.

1. The affiliation of people born by assisted reproduction techniques is regulated by the rules established in this Code.

2. The Law that governs this matter and its complementary norms regulate the medical procedures for the implementation of said techniques.

Article 268. Principles governing the determination of assisted affiliation. To determine assisted affiliation, the will to procreate expressed through consent that meets the requirements set forth in this document is taken into account, with special emphasis. Code establishes the protection of the privacy of the people involved, the anonymity required by the gamete donor, the best interests of the daughter or son that is born as a result of the use of the technique, the right to form a family, the respect for the family reality of each person and equality and non-discrimination.

Article 269. Constitutive title. The affiliation of people born by assisted reproduction techniques results from the will to procreate of those involved in the process, called principals, manifested through consent, regardless of who has contributed the gametes, except in the case of a homologous insemination for which the same rules of filiation by natural procreation apply.

Article 270. Consent requirements.1. The will of the people involved in the process is understood to have been externalized by means of free, informed, express and previously issued consent before the health institution or in a notarial public deed.

2. Consent may be revoked at any time as long as the procedure has not begun, the conception or embryo implantation has occurred and must be renewed each time the gametes or embryos are used before the authorities referred to in the previous paragraph and complying with the same requirements for its issuance.

Article 271. Gametes of third parties.1. When third-party gametes obtained by anonymous donation are used, no legal link is generated with this.

2. The same effect occurs with the use of gametes from a known person, with their prior consent, unless otherwise agreed in cases of multi-parenthood and without prejudice to the right to identity referred to in the following article.

Article 272. Right to information.1. People born by assisted reproductive techniques can obtain information on their gestational or genetic origin or from the medical data of the gamete donor when it is relevant to their health, excluding identification.

2. Exceptionally, this can be made known in case of relevant reason and accrediting duly founded reasons, prior judicial authorization.

SECTION TWO OF THE DETERMINATION OF ASSISTED PARENTAGE

Article 273. Recognition.

The consent given in accordance with the provisions of the previous Section by the principals has the same effect as voluntary recognition and prevents the investigation of the filiation with respect to the person who gave the gametes.

Article 274. Assisted affiliation of people born during marriage or affective de facto union. The daughters and sons born by assisted reproduction techniques, practiced with the consent of the spouse or affective de facto partner, are considered common and it is determined filiation in favor of those who have given consent, regardless

of who has contributed the gametes and of the death or judicial declaration of presumption of death of one or both, the divorce or the extinction of the affective de facto union once the development of the technique has been achieved.

Article 275. Assisted filiation of people born after the death of the spouse or domestic partner. In assisted reproduction practiced after the death of the spouse or domestic partner with their gametes, the child born is considered his daughter or son for all purposes if the following requirements are met:

a) that the express will of the spouse or domestic partner for assisted reproduction after death is recorded in an unquestionable document;

b) limited to a single birth, including multiple births; and

c) that the fertilization process begins within a period of three hundred and sixty-five (365) days from the death of the spouse or domestic partner, extendable only once by judicial decision, accredited a just cause and by a maximum time of sixty (60) days.

SECTION THREE OF THE ACTIONS OF THE ASSISTED PARTY

Article 276. Prohibition of claims and challenges.

1. The consent issued by the principals fulfilling the requirements established in this Code determines the affiliation with an unchallengable character.

2. It is not admissible to recognize or exercise a filiation claim with respect to the gamete donor, nor in this respect to the determination of biological filiation of the daughters or sons born through the use of assisted reproduction techniques in which they were used their gametes.

Article 277. Exception. The assisted affiliation determined according to the rules referred to in the second section of this Chapter may be challenged if it is proven that there was no consent or that it does not meet the requirements established in this Code, or the daughter or son was not born from the technique for which consent was given.

Article 278. Defects of consent for assisted affiliation.1. The action to challenge the recognition of assisted filiation due to the fact that the consent has been flawed by error, fraud or threat corresponds to the person who has granted it and, in the cases of people with disabilities, to the person who was appointed as intense support with powers of representation.

2. The right to exercise the action expires one year from the moment the vice ceases.

3. Persons who by law are entitled to the grantor's estate may continue the action if the grantor dies before the judgment has been passed.

FOURTH SECTION OF SOLIDARITY GESTATION

Article 279. Scope.

1. Solidarity gestation is judicially authorized when people linked by family ties participate in it, for the benefit of women with a medical condition that prevents them from gestating or of people who present infertility or of single men or couples of men, as long as it is not put endangering the health of the people involved in the medical procedure, establishing the prohibition of any type of remuneration or gift, leaving compensation for expenses generated by pregnancy and childbirth safe.

2. Only in exceptional cases can joint gestation be judicially authorized to be carried out by people not united by family ties, as long as they are emotionally close.

Article 280. Judicial authorization.1. The judicial authorization must be obtained prior to the start of the medical procedure, in accordance with the requirements established by the Ministry of Public Health, through a voluntary jurisdiction process promoted by the person(s) with whom they are responsible and the surrogate mother.

2. The judicial authorization implies the homologation of the consent given by both the committing persons and the surrogate fulfilling the requirements established in the previous article and the remaining assumptions and requirements provided by the Law that governs the matter and its complementary regulations.

3. Verify, in addition to the cases referred to in the previous article, among other aspects, whether the use of another assisted reproduction technique has been exhausted or has failed, whether the best interest of the child that may be born has been taken into account ; if the pregnant woman has full capacity, good physical and mental health, and age to successfully carry the pregnancy to term; if the parties, depending on the case, do not have the possibility of conceiving or carrying a pregnancy to term; the absence of compensation; if the pregnant woman has only undergone a solidarity gestation process once.

4. Health centers cannot proceed to the embryo transfer in the pregnant woman without judicial authorization.

Article 281. Determination. The affiliation of persons born through the use of an assisted reproduction technique that involves joint gestation is determined by the will to procreate of the intending persons.

Article 282. Death of one or both of the principals. If one or both of the principals dies during the pregnancy, the established affiliation ties remain in force.

Article 283. Lack of judicial authorization. If prior judicial authorization is lacking, filiation is determined by the rules of natural procreation.

TITLE VIII PARENTAL RELATIONSHIPS

CHAPTER I

OF PARENTAL RESPONSIBILITY

FIRST SECTION GENERAL PROVISIONS

Article 284. Scope of parental responsibility.

Parental responsibility includes the set of faculties, duties and rights that correspond to mothers and fathers for the fulfillment of their function of assistance, education and care of their daughters and minor sons, which affect their personal sphere and patrimonial and that are always exercised for the benefit of their interest and in accordance with their capacity, progressive autonomy, the free development of their personality and their degree of maturity.

Article. 285. Parental responsibility regarding the rights of children and adolescents.1. The rights recognized in article 5 must be guaranteed by those who exercise parental responsibility.

2. Mothers and fathers have common and equal responsibilities and duties with regard to the care, development and comprehensive and inclusive education of their daughters and sons.

Article 286. Content of parental responsibility. The co-parental responsibility of mothers and fathers with respect to their minor daughters and sons includes:

a) legally represent them and manage their assets;

b) exercise their guardianship and care, love them and provide them with emotional stability, contribute to the free development of their personality taking into account their abilities, aptitudes and vocation;

c) Educate them based on positive, non-violent and participatory forms of parenting, in accordance with their age, capacity and progressive autonomy, in order to guarantee their healthy development and help them in their growth to lead a responsible life in the family and in society;

d) live together, whenever possible, and maintain permanent and significant family communication in their lives, which fosters the development of their family affections and personality, for which physical presence and oral or written communication are required, including through technological means;

e) respect and facilitate their right to maintain a family communication regime with their grandmothers and grandfathers, and other blood relatives or affinities or people with whom they have a significant affective bond;

f) guarantee safe living conditions, take care of their personal hygiene and their physical and mental health, and their attendance at the corresponding specialized centers;

g) provide them with activities and recreational means suitable for their age that are within their means;

h) decide on their place of habitual residence and their temporary or permanent transfer from it;

i) protect them, ensure their good conduct and cooperate with the corresponding authorities to overcome any adverse situation or environment that influences or may adversely influence their training or development;

j) attend to their comprehensive education and training; instill in them a love of study, school, respect for their teachers and teachers, and ensure their attendance at the educational center where they are enrolled, ensure their adequate technical, scientific and cultural improvement in accordance with their aptitudes and vocation, as well as collaborate with educational authorities in school plans and activities;

k) promote family, community and social inclusion in case of being in a situation of disability, as well as their inclusive education in environments that allow them to achieve their maximum educational development, on equal terms with other children and adolescents and guarantee in any case that they have equal access with the other daughters and sons in the participation in recreational, leisure and sports activities;

l) provide them with food, even when they do not exercise custody and care or when they are interned in an education or assistance center;

m) listen to them and allow them to express and defend their criteria, as well as participate in decision-making at home according to their age and mental and emotional maturity; convincing them when necessary through argument and reason;

n) direct their formation for social life; instill in them love for the family, for the homeland, respect for its symbols, for work and due regard for its values, for dignity, honesty, honesty, human solidarity, the norms of social coexistence and respect to the authorities, to the patrimonial assets of the company, to the personal assets and rights of others and to a culture of respect for the environment;

o) promote an attitude of respect towards the equality of people, non-discrimination for any reason, and the rights of people with disabilities and those of the elderly;

p) provide them with education for responsible sexuality, teach them to share chores at home; inspire them with their attitude and their treatment the respect they owe them and also teach them to respect other people, regardless of their human condition; and

q) guarantee them a family environment free of violence, in any of its manifestations and seek the help of the competent authority to adopt the necessary measures required for this.

Article 287. Legal representation.1. Mothers and fathers legally represent their minor daughters and sons, whether or not they have custody and care, in all legal acts and businesses in which they have an interest; complement their capacity in those acts for which full capacity to act is required, in accordance with their age and degree of maturity; and timely and duly exercise the actions that correspond by law in order to defend their interests and assets.

2. The representation to which this article refers, is excepted:

a) in the acts referring to the inherent rights of the personality or others that the daughter or son according to his age, conditions and maturity can perform by himself; and

b) those in which there are conflicts of interest between mothers, fathers, daughters and sons.

Article 288. Right of children and adolescents not to be separated from their mothers and fathers.1. Girls, boys and adolescents cannot be separated from their family, except in special circumstances and at all times in attention to their best interest and the principles of necessity, exceptionality and temporality.

2. This separation is considered strictly necessary due to serious non-compliance or the impossible exercise of parental responsibilities, and always with the aim of protecting them.

3. Decisions regarding separation should be considered as measures of last resort and reviewed regularly.

Article 289. Ownership of parental responsibility. The joint ownership of parental responsibility corresponds exclusively to mothers and fathers derived from the filiation relationship that binds them to their minor daughters and sons, unless it has been extinguished due to death or judicial declaration of presumption of death of those or their exclusion or deprivation of one or both is determined through a judicial sentence for the causes established in this Code.

Article 290. Exercise of parental responsibility.1. The exercise of parental responsibility includes the effective fulfillment of its content, corresponds jointly to its holders regardless of whether or not they live with their daughters and sons, unless with respect to any of them the exclusion has been ordered, or the deprivation of ownership or the suspension of the exercise of the same by judicial sentence.

2. This Code determines the cases in which the exercise of parental responsibility can be partly delegated in favor of persons other than their owners.

Article 291. Consent for acts derived from the exercise of parental responsibility.1. It is presumed that the acts carried out by one of those who exercise parental responsibility, have the agreement of the other, provided that they are those that are adopted in the course of daily life and in the sphere that can be considered ordinary in education and child or adolescent development.

2. In cases of urgent need, in which the life or integrity of the daughter or son is compromised, the authorization and representation of the mother, the father, or to whom the exercise of parental responsibility has been delegated, is sufficient. provided in articles 294 and 330 to proceed for the benefit of those.

3. The express consent of those who exercise parental responsibility are required for those acts that imply decisions of transcendence and significant potential or real repercussions in the lives of the daughters and sons.

Article 292. Discrepancies in the exercise of parental responsibility. Discrepancies that arise due to the exercise of parental responsibility are resolved in the courts or through the use of mediation with the subsequent approval of the agreements before the competent court.

Article 293. Residual parental responsibility.1. Single minors who have daughters and sons do not require authorization to recognize them and exercise parental responsibility, being able to decide and carry out for themselves the tasks necessary for their care, education and health.

2. The holders of parental responsibility of the minor person who has a daughter or son in their care may oppose the performance of acts that are detrimental to them or when they omit to carry out the necessary actions to preserve their proper development.

3. The consent of the holders of parental responsibility must be integrated with the assent of any of their respective mothers or fathers in the case of transcendent acts for the life of the girl or boy, such as the free and informed decision of their adoption, surgical interventions and medical treatments that endanger your life, or other acts that may seriously infringe your rights.

4. In case of conflict, it is resolved through the courts or through the use of mediation with the subsequent approval of the agreements before the competent Court.

Article 294. Voluntary delegation of the exercise of parental responsibility.1. The holders of parental responsibility may temporarily delegate its exercise to a relative emotionally close to their daughter and minor son, with conditions for this, without prejudice to the provisions of article 330, for sufficiently justified reasons and always in the interest of the daughter or son.

2. The agreement is recorded in writing in which the scope of the delegation is detailed and is signed jointly with the person who accepts it and must be judicially ratified in the procedures of voluntary jurisdiction, with the intervention of the Prosecutor's Office, and the daughter must be heard or son if his age and maturity allow it.

3. The delegation can be made for a maximum period of one year, and can be renewed judicially, provided that duly founded reasons justify it. In such circumstances, the parties involved must be involved.

4. The holders of parental responsibility have the right and duty to supervise the upbringing and education of the daughter or son during that period.

Article 295. Prohibition of inappropriate forms of discipline.1. Girls, boys and adolescents have the right to receive guidance and education from the adults responsible for their upbringing without, in any way, authorizing them to use corporal punishment in any of its forms, humiliating treatment or the use of any other type of violence, abuse or inappropriate forms of discipline, or any act that injures or impairs them physically or mentally.

2. The exercise of parental responsibility must be respectful of the dignity and physical integrity of children and adolescents.

SECTION TWO ON PARENTAL RESPONSIBILITY IN DIGITAL ENVIRONMENTS

Article 296. Right to a digital environment free of violence.

The holders of parental responsibility must ensure that children and adolescents enjoy the right to a digital environment in which they are protected from content that may harm their physical, mental or ethical development, or from acts of violence, in any of its manifestations, or sexual harassment.

Article 297. Balanced and responsible use in digital environments.1. The holders of parental responsibility must ensure that the presence of the minor daughter or son in digital environments is appropriate to their capacity and progressive autonomy, in order to protect them from the risks that may arise.

2. It is up to them to ensure that the minor daughter or son makes a balanced and responsible use of digital devices to guarantee the adequate development of her personality and preserve her dignity and rights.

3. They can also promote reasonable and timely measures before digital service providers and, among others, urge them to provisionally suspend your daughter's or son's access to their active accounts, or even cancel them, as long as there is a clear, immediate and serious for their physical or mental health, having previously heard them, for which, if necessary, they can request judicial protection.

SECTION THREE OF THE DUTIES OF DAUGHTERS AND SONS WITH RESPECT TO THEIR MOTHERS AND FATHERS

Article 298. Duties of minor sons and daughters.

1. They are duties of the daughters and sons:

a) respect mothers and fathers and other ancestors;

b) comply with the decisions of mothers and fathers that are not contrary to their best interests; and

c) participate and take joint responsibility in caring for the home and in carrying out domestic chores in accordance with their age, with their level of progressive autonomy and degree of maturity, and regardless of their sex.

2. This duty of respect extends to persons who temporarily have parental responsibility or de facto guardianship.

Article 299. Duties of daughters and sons of legal age. Daughters and sons of legal age must collaborate with their mothers and fathers or other ancestors in all circumstances of life, take care of them, offer them affection and attend to them in correspondence with your needs.

CHAPTER IIDE THE CARE AND CARE AND THE FAMILY COMMUNICATION REGIME

FIRST SECTION GENERAL PROVISIONS

Article 300. Custody and care modalities.

1. When the holders of parental responsibility do not live together, the custody and care of their daughters and sons can be shared or unilateral.

2. In any case, this must be established and organized in the parenting agreements implemented by public deed or in the judicial resolution issued by a competent court.

3. Whenever the circumstances of the case allow it and it is not detrimental to the best interests of the children or adolescents, shared custody and care must be privileged in order to ensure the significant presence of the holders of parental responsibility in the lives of their children. daughters and sons.

Article 301. Notarial or judicial weighting rules.1. To assess the relevance of shared custody and care, the following should be considered:

a) the right to co-parenting and to live in the family and the duty of parental co-responsibility;

b) agreements between holders of parental responsibility;

c) the level of conflict between the holders of parental responsibility so that it does not have a negative impact on their ability to collaborate in the training and education of common children;

d) the opinion of the girls, boys or adolescents according to their capacity and progressive autonomy; and

e) other criteria such as the distance between the homes of both holders of parental responsibility, the facilities for attending the educational center, the reconciliation of work and family life, among others.

2. As a general rule, sisters and brothers should not be separated, unless it is advisable to safeguard their best interest.

Article 302. Organization of custody and shared care.1. Shared custody and care is organized in response to the diverse reality of each family and its scope is documented in the parenting agreements or as provided by the judicial resolution issued by a competent court.

2. Shared custody and care can be alternated or indistinct.

3. In alternate custody and care, the coexistence between daughters and sons with each of the holders of parental responsibility is organized by periods that can be days, weeks, months and years; the length and timing of these time periods are set forth in the parenting agreements or in the judicial decision issued by a competent court.

4. In indistinct custody and care, the daughters and sons and the holders of parental responsibility maintain the widest spaces of coexistence and their exercise is distributed among them in attention to the requirements of the family group, although the daughters and sons reside preferentially or parent with one or other of the holders of parental responsibility.

Article 303. Guardianship and unilateral care. In guardianship and unilateral care, the exercise of parental responsibility with regard to functions directly related to the daily life of the daughter or son is basically the custodial mother or father without prejudice to the exercise of the rest of the faculties, duties and the harmonious family communication regime that they maintain with the non-custodial parent, who has the right and duty to contribute to the care, training and education of his daughters and sons.

Article 304. Prohibition of guardianship and care due to violence. The Court cannot grant guardianship and care to the holder of parental responsibility on whom a firm judicial decision has been issued for acts of family violence or that there are well-founded reasons for that , in which daughters and sons have been direct or indirect victims.

SECTION TWO ON FAMILY COMMUNICATION

Article 305. Rules of general scope.

1. In the case of unilateral custody and care, the court that hears the matter provides for what is convenient for the mother or father to whom it is not conferred, exercise the right and duty of written communication, orally, including technological means, with their minor daughters and sons and their respective families, regulating it with the periodicity that the case requires and always for their benefit.

2. The same provisions are adopted during the periods in which they are not in the company of their daughters and sons if the custody and care is shared.

Article 306. Regime of family communication with daughters and sons in a situation of disability. In the case of daughters and sons in a situation of disability, if it is convenient for their best interests, the court orders the reasonable adjustments that are required to facilitate the family communication regime with the non-custodial mother or father and their respective family.

Article 307. Meeting or meeting place. When there are conflicts related to family communication between the guardian mother or father and the non-custodial parent, the Court may order a meeting or meeting place to make said communication effective.

Article 308. Right of grandmothers, grandfathers and other relatives.1. Grandmothers, grandfathers and other blood or related relatives have the right to family communication referred to in Article 58, which includes all types of oral or written communication, including through technological means, with minors. .

2. Said persons are entitled to enforce this right, if they are denied communication, against the holders of parental responsibility of the minor person, if it is a shared custody and care or against the mother or father guardian, if it is of unilateral custody and care, before the competent court, based on the best interest of those.

3. The Prosecutor's Office intervenes in this process.

Article 309. Limits, refusal, suspension and modification of the family communication system.1. The Court may limit, deny, suspend or modify the right of mothers, fathers or other relatives to communicate with girls, boys and adolescents if they breach their duties or if the relationship may harm their best interest.

2. Their best interests are harmed if daughters and sons suffer sexual abuse or physical or mental mistreatment, or are direct or indirect victims of family violence in any of its manifestations or in any other case that is thus assessed by the Court.

3. In the case of minors housed in social assistance centers, the management of the center may request the Prosecutor's Office to urge the Court to take such measures.

Article 310. Modification.1. The measures adopted by the Court on custody and care and family communication regime, can only be modified by it at any time when appropriate due to the changes in the circumstances that determined their adoption.

2. Failure to comply with what is provided with respect to the communication regime may be cause to modify the resolution regarding custody and care, without prejudice to the criminal liability that arises from such conduct.

THREE SECTION OF PARENTING AGREEMENTS

Article 311. Purpose.

1. The purpose of parenting agreements is to distribute and organize the functions of custody and care of daughters and sons, whether shared or unilateral.

2. The holders of parental responsibility must listen to the minor daughter or son, according to their age, capacity and progressive autonomy, in the conclusion of parenting agreements.

3. The situation of disability of the daughters and sons must be taken into account when determining the guardianship and care regime that is most beneficial for them, according to their age, capacity and progressive autonomy, to achieve their emotional and affective balance.

Article 312. Forms.1. Parenting agreements can be achieved by private agreement of the holders of parental responsibility or through mediation, either through a notarial public deed or by judicial approval through voluntary jurisdiction procedures before the competent court with intervention, in all case, from the Prosecutor's Office.

2. These agreements are subject to notarial or judicial control to verify compliance with legality, equity and respect for the best interest of the child or adolescent.

Article 313. Shared custody and care parenthood agreements. The shared custody and care agreement must contain, among other provisions, the following:

a) place and time in which the daughter or son remains with each of the holders of parental responsibility;

b) the responsibilities that each one assumes;

c) regime of communication with daughters and sons in periods of non-cohabitation; and

d) obligation to provide food, when there is a disproportion of income between the holders of parental responsibility, if these are not equivalent, the one with the highest income must pay the food to the other so that the daughter or son can enjoy the same living conditions in both homes.

Article 314. Parental custody and unilateral care agreements. In the parental agreements in which unilateral custody and care is decided, the following points must be considered:

a) the maturity and progressive autonomy of the daughter or son;

b) listening to the opinion of the daughter or son;

c) maintain the coexistence that the daughter or son has up to now when it promotes their integral development and respects their center of life;

d) give priority to the holder of parental responsibility who facilitates the right to maintain harmonious and regular treatment with the other, and who has not been the perpetrator of acts of violence in the family environment, even when this is not against the own daughter or son;

e) establish what concerns the family communication regime between the daughter or son and the holder of the non-custodial parental responsibility, which will seek a periodic personal relationship and fluid oral and written communication, also including that carried out by technological means ;

f) organize what concerns vacations, holidays and other important dates for the family;

g) legal obligation to provide food; and

h) matters concerning the use and enjoyment of the dwelling.

Article 315. Supplementary application. In parenting agreements implemented by notarial public deed or approved before a competent court through voluntary jurisdiction procedures, they can be applied on a supplementary basis both by the holders of parental responsibility and by the authorities that The rules contained in this Code on custody and care, family communication regime and legal maintenance obligation give legitimacy to said agreements.

Article 316. Non-existence of parenting agreements implemented in a notarial public deed or judicially approved.1. If there is no parental agreement, instrumented in a notarial public deed or judicially approved, the competent court in contentious proceedings must establish the regime of custody and care of the minor daughters and sons.

2. Any decision regarding custody and care of the daughter or son must be based on specific behaviors of the mother or father that may harm the well-being of the child or adolescent, discrimination based on any of the criteria provided for in the Constitution is not admissible. of the Republic.

3. The competent court must seek the agreement between the holders of parental responsibility, whenever possible, if so, the parenting agreements would be approved by judicial resolution.

4. Otherwise, the custody and care regime is determined by the competent court taking into account the rules established in this Code.

Article 317. Guardianship and temporary care in favor of grandparents and other relatives or people emotionally close.1. In special circumstances and for the time determined by the Court, custody and care may be deferred to grandmothers, grandfathers, other blood, related or socio-affective relatives, or emotionally related persons, taking into account the best interests of the minor person. .

2. In such a case, the person who has custody and care decides on daily affairs, leaving the legal representation, the administration of assets and decisions that are not of ordinary life concerning such matters to whoever has parental responsibility. underage persons.

3. The persons referred to in the first paragraph of this article may urge the Court to exercise these rights, in which process the Prosecutor's Office intervenes.

CHAPTER III ON THE ADMINISTRATION AND DISPOSITION OF PROPERTY AND RIGHTS OF UNDERAGE DAUGHTERS AND SONS

Article 318. Administration and disposition of assets and rights.

1. The holders of parental responsibility administer and take care of, in common, the assets and rights of their daughters and sons who are minors, with the greatest diligence required; they ensure that they use and enjoy them properly; and they do not alienate them for any title if not in their interest and complying with the requirements established in this Code, including informing the daughter or son in accordance with their capacity and progressive autonomy.

2. The fruits and yields of their property and rights belong to the minor daughters and sons.

3. The acts of mere conservation of assets and rights can be carried out without distinction by any of the holders of parental responsibility.

Article 319. Responsibility for damages. In the exercise of the administration of the assets and rights of the daughters and sons, the holders of parental responsibility assume the damages and losses caused intentionally or by negligence in the interests administered.

Article 320. Minor daughters and sons in a situation of disability. In the administration and disposition of the assets and rights of minor daughters and sons in a situation of disability, the benefit or utility that these they represent in carrying out their life project and family and social inclusion, on equal terms with the other daughters and sons.

Article 321. Usefulness or necessity in the disposition of goods and rights.1. Mothers and fathers may dispose of their assets and rights in the interest of their daughters and sons, for whom they have parental responsibility, exchange them, sell them or carry out other acts of disposition for justified reasons of utility or necessity, with prior authorization. of the competent court with the intervention of the Prosecutor's Office.

2. Exceptionally for reasons of urgent necessity, when the presence of one of the holders of parental responsibility is objectively impossible in the act of disposing of the assets and rights of the daughters and sons, the other may represent him/her exclusively, with prior judicial authorization. with the intervention of the Prosecutor's Office.

3. Judicial authorization cannot be granted in a general way; however, it can be granted with this character for several acts of the same nature or referring to the same economic activity, even if they are future; In all cases, the circumstances and fundamental characteristics of said acts must be specified.

4. Acts of disposition of assets and rights carried out without judicial authorization may be declared null if they harm the minor daughter or son or validated if they benefit them.

Article 322. Prohibition of contracting. All types of contracts between mothers and fathers with their daughters and sons for whom they have parental responsibility are prohibited, except in the case of pure and simple donations made by them in favor of said daughters and sons.

Article 323. Minor daughter or son linked to work.1. The underage person, who in accordance with labor legislation has an employment contract for which he exercises some employment, is presumed authorized by the holders of parental responsibility to agree on all legal acts concerning employment.

2. In any case, the provisions of this Code and the special regulations must be complied with.

3. The rights and obligations that arise from these legal acts fall solely on the assets whose administration is in charge of the own daughter or son.

Article 324. Low-value contracts. Low-value contracts for daily life entered into by the daughter or son are valid, in accordance with their capacity and progressive autonomy.

Article 325. Loss of administration of property and rights of daughters and sons.1. Mothers and fathers lose the administration of the assets and rights of their minor daughters and sons when their inability to administer them is proven before the competent court or when they engage in domestic violence in any of its manifestations.

2. Likewise, they also lose administration over said assets and rights when they are deprived of parental responsibility.

3. Removed the mother or the father of the administration of the goods and rights, this corresponds to the other or another; if both are removed, the court must appoint a special conservatorship.

Article 326. Appointment by will or by donation of the person in charge of the administration of assets and rights.1. The mother or father may by will appoint a person to administer the assets and rights deferred by way of inheritance or legacy in favor of the daughter or son, if upon her death, they have not reached full legal capacity.

2. The same provision can be included in the donation contracts.

3. The provisions of the preceding sections also apply to other relatives of minors.

4. Said administration, if accepted, includes powers of representation in the acts in which said assets and rights are administered and disposed of, for which judicial authorization is required, with a fiscal opinion.

5. In the event that this provision violates the interests of the minor person, the corresponding annulment action may be exercised, in accordance with the Civil Code, by the surviving mother or father or by the Prosecutor's Office.

Article 327. Judicial appointment of special guardianship for the administration and disposition of assets acquired by succession. When the father or mother of a minor daughter or son is excluded by law or by will of the disponent of the administration of certain assets and rights transmitted by way of inheritance, legacy or donation, whose ownership belongs to the minor person, and if the mother or father is the sole parental responsibility, the appointment of a guardianship is provided for this purpose by a competent Court, with the scope of administration of said assets and rights and the representation of the minor person in the acts of disposition of these, prior judicial authorization with the intervention of the Prosecutor's Office.

CHAPTER IV OF THE DUTIES AND RIGHTS OF RELATED MOTHERS AND FATHERS WITH RESPECT TO RELATED DAUGHTERS AND SONS

Article 328. Related mother or father.

For the purposes of this Chapter, a related mother or father is the spouse or domestic partner who lives with the person who is responsible for the custody and care of the child or adolescent as a result of the formation of reconstituted families. .

Article 329. Duties of the related mother or father.1. The related mother or father must cooperate in the upbringing and education of the daughters and sons of their spouse or affective partner, carry out the daily acts related to their training in the domestic sphere and make decisions in emergency situations.

2. In case of disagreement with the mother or father of the child or adolescent, the latter's criteria prevail.

3. This collaboration does not affect the rights of holders of parental responsibility.

Article 330. Delegation of parental responsibility to the related mother or father. The mother or father in charge of a minor daughter or son, can delegate to their spouse or domestic partner, the exercise of parental responsibility when he is not in a position to fulfill the function fully for reasons of travel, official missions abroad, illness or situation of temporary disability, and whenever there is an impossibility for his performance by the other father or mother holder of parental responsibility .

Article 331. Circumstances for the delegation of parental responsibility to the related mother or father.1. In order for the delegation of parental responsibility to proceed in such circumstances, the following is required:

a) a stable and affective coexistence of the members of the reconstituted family;

b) the opinion of the non-custodial mother or father, when possible; and

c) listening to the child or adolescent in consideration of their age and maturity, as it is a decision that is relative to their person.

2. This delegation requires judicial approval, except that the other mother or father of the minor daughter or son, expresses their agreement in a reliable manner by notarial public document.

Article 332. Joint exercise with the related mother or father.1. In the event of death, judicial declaration of presumption of death or suspension of the exercise of parental responsibility, the other mother or father can assume it jointly with their spouse or affective domestic partner.

2. This agreement between the mother or father exercising parental responsibility and their spouse or domestic partner must be judicially approved.

3. The joint exercise of parental responsibility concludes with divorce or with the extinction of the affective de facto union, or with the recovery of the full exercise of legal capacity or parental responsibility of the mother or father who was suspended from their exercise, unless in accordance with the principle of the best interest of the child or adolescent, in the opinion of the competent court, it is best for him to maintain said joint exercise.

Article 333. Food.1. The maintenance obligation of the spouse or affective partner with respect to the daughters and sons of the other, has a subsidiary nature.

2. This duty ceases in cases of divorce or rupture of the affective de facto union.

3. However, if the change in situation could cause serious harm to the child or adolescent and the spouse or domestic partner assumed the support of the other's minor daughter or son during common life, a Obligation to provide maintenance at his or her expense on a temporary basis, the duration of which must be defined by the Court in accordance with the economic conditions of the obligor, the needs of the person being fed, and the time of cohabitation with said daughter or son.

Article 334. Regime of communication and guardianship and care in favor of the related mother or father in court. Marriage terminated by divorce, or affective de facto union by agreement of the couple or by unilateral decision of one of them , if a dispute arises, it may be interested before the competent court that it establish, exceptionally, a regime of communication or custody and care, whatever the modality adopted, in which rights are recognized in favor of the mother or father related, provided that the best interest of the child or adolescent is taken into account, the level or intensity of the affective relationships existing between them, the presence of other common daughters and sons from that new marriage or affective de facto union, the legitimate interest of the person requesting the communication or custody and care regime with the related minor daughter or son, as well as the performance that the other non-custodial mother or father has in his life.

Article 335. Regime of communication and guardianship and care in favor of a related mother or father through a notary.1. It is also possible that the determination of the regime of communication and guardianship and care of related daughters and sons be implemented by mutual agreement by the mother or father of the minor daughter or son, who is in charge of guardianship and care and the related mother or father, in the notarial public deed of divorce, or in which the agreements relating to the extinction of the de facto union are documented, if the other mother or father has died, has been declared presumed dead or is deprived of parental responsibility.

2. For the authorization of said public instrument, a fiscal opinion is necessary.

3. If none of the circumstances provided for in section 1 occur, it is necessary, for this sole purpose, the intervention of the non-custodial mother or father.

Article 336. Provisions for girls, boys and adolescents in a situation of disability. In matters of this nature, both in judicial and notarial proceedings, if the girls, boys or adolescents are in a situation of disability, the necessary adjustments are made that they are convenient for the purposes of what is most suitable for them.

CHAPTER V OF THE TERMINATION, SUSPENSION, PRIVATION AND EXCLUSION OF PARENTAL RESPONSIBILITY

Article 337. Termination of parental responsibility. Parental responsibility is extinguished:

a) due to the death or judicial declaration of presumption of death of the mother or father or of the daughter or son;

b) for the daughter or son reaching the age of majority;

c) by marriage of the daughter or son under eighteen (18) years of age; and

d) for the adoption of the daughter or son.

Article 338. Deprivation of parental responsibility or suspension of its exercise. The deprivation of parental responsibility or the suspension of its exercise proceeds:

a) when they are imposed as a sanction by final sentence handed down in criminal proceedings; either

b) when it is attributed to one of them or both are suspended or deprived by a final judgment issued in the corresponding process.

Article 339. Causes of deprivation of parental responsibility. The courts, taking into account the circumstances of the case, may deprive one or both holders of parental responsibility when:

a) seriously or repeatedly breaches the duties set forth in article 286;

b) exercise mistreatment, corporal punishment or violence in any of its other manifestations, or any act that in the family environment directly or indirectly injures or physically or mentally impairs the children or adolescents.

c) induce the daughter or son to carry out a criminal act;

d) abandon the daughter or son, even if they are under the custody and care of the other mother, father or a third person;

e) observe a vicious, corruptive or criminal conduct that is incompatible with the proper exercise of parental responsibility;

f) commit a crime against the person of the daughter or son; either

g) seriously risk the life or mental and physical integrity of the daughter or son.

Article 340. Deprivation of parental responsibility with daughters and sons inmates in a social assistance center.1. Mothers or fathers are deprived of parental responsibility by the competent court when, with respect to the daughter or son, admitted to a social assistance center of the national network, they fail to comply with their duties by obviously and systematically neglecting him and without just cause for one hundred and eighty (180 ) days.

2. Once this term has elapsed, whoever holds the administrative guardianship of the child or adolescent, within the following thirty (30) business days, presents the duly substantiated social file to the Prosecutor's Office, which, within thirty (30) business days , if deemed complete, bring the action before the competent court.

3. If the Prosecutor's Office, in reviewing the file, considers it incomplete, it performs the actions required for its correction within a term not exceeding ten (10) business days.

Article 341. Causes for suspension of the exercise of parental responsibility. The exercise of parental responsibility is suspended when, in the opinion of the Court, the breach of the duties referred to in article 286 is not serious; when the mother or father is a person in a situation of disability who has been appointed intense support with powers of representation and while that circumstance persists or when the absence of one or both is judicially declared.

Article 342. Precautionary and provisional measures in the processes of deprivation of parental responsibility or suspension of its exercise. The Court, ex officio or at the request of the Prosecutor or another interested party, adopts the provisional and precautionary measures that proceed during the processing of the deprivation of parental responsibility or the suspension of its exercise, according to the circumstances of the case, seeking the most beneficial for the minor daughter or son.

Article 343. Special provisions of judicial resolution.1. In the sentence handed down by the competent court in which the holders of parental responsibility, or one of them, are deprived or suspended from their exercise, it is provided, as appropriate, on the legal representation of the minor daughters and sons , in accordance with the provisions of article 294, the obligation to provide food and the family communication regime.

2. At any time, the modification of the measures referred to in the preceding paragraph may be requested when the circumstances that justified their adoption have changed through incidents in the proceedings themselves.

3. In the case of deprivation of parental responsibility, the Court may order the extinction of the obligation to provide maintenance and family communication, if this is in the best interests of the child or adolescent.

Article 344. Deprivation or suspension in criminal proceedings. When the holders of parental responsibility or one of them is deprived or their exercise is suspended, by sentence handed down by the criminal courts, the other mother or father , where appropriate, or the Prosecutor's Office, promotes the corresponding process to resolve the extremes referred to in the previous article.

Article 345. Effects. The deprivation of parental responsibility has the effect of the loss of ownership and of all the rights, duties and powers inherent to it and the suspension, the temporary loss of the exercise of the same, remaining safe in both cases the legal obligation of maintenance.

Article 346. Recovery of ownership of parental responsibility. The courts, in appropriate cases and exceptionally, once it has been verified that the cause that led to the deprivation of parental responsibility has been overcome or ceased, at the request of a party or the Prosecutor's Office, arrange for its recovery if this is in the benefit and interest of the minor daughter or son and provided that the child or adolescent has not been adopted, nor is it in the process of being adopted.

Article 347. Recovery of the exercise of parental responsibility. Anyone who has been suspended from the exercise of parental responsibility or the Prosecutor's Office, as the case may be, may request the cessation of the measure when the cause that motivated it has ceased.

Article 348. Duty to inform the authorities. Every person, especially those who, by reason of their positions, professions or functions, are aware of breaches by those who have parental responsibility with respect to their daughters and sons, must report it to the Prosecutor's Office for appropriate purposes.

Article 349. Exclusion of parental rights and intestate succession.1. They are excluded from the rights of parental responsibility and the right of intestate succession, with respect to the daughter or son or their descendants, the mother or father whose parentage has been judicially determined, against their persistent and unfounded opposition despite the evidence that throws the probative material; however, the legal obligation to provide food remains.

2. These restrictions cease to take effect by determination of the legal representative of the daughter or son, judicially approved, with a tax ruling, or by the will of the daughter or son expressed in a will or once full legal capacity has been reached.

TITLE IX OF OTHER INSTITUTIONS FOR CARE AND PROTECTION IN THE FAMILY FIELD

CHAPTER I

COMMON PROVISION FOR DE FACTO GUARDIAN AND FAMILY CARE

Article 350. Scope.

The provisions on de facto guardianship and foster care of minors cannot contradict the regulations set forth in this Code for the voluntary delegation of the exercise of parental responsibility, the rights of grandmothers, grandfathers and other relatives consanguineous, related and socio-affective, the duties and rights of related mothers and fathers with respect to related daughters and sons and the rules for family caregivers.

CHAPTER IIDE THE GUARD IN FACT

Article 351. Content.

De facto guardianship is a stable and voluntary protection institution by which a person united by family or close ties, without being one of those legally obliged to do so and without judicial or administrative appointment, continuously assumes duties of personal and patrimonial care regarding minors not subject to parental responsibility or guardianship, or older adults or people with disabilities, provided that there are no other voluntary or judicial measures that are being applied effectively.

Article. 352. Accreditation. The existence of a de facto guardianship can be accredited through a notary through a notarial act or by any other legally valid means of evidence.

Article 353. De facto guardianship of minors. De facto guardianship of minors is temporary and is maintained until the parental responsibility of its holders is restored, guardianship is provided or authorized its adoption judicially.

Article 354. De facto custody of persons of legal age. De facto custody of persons of legal age can be permanent as long as it is exercised properly, and there is no reason that advises the adoption of another protection measure ; or of a transitory nature until the corresponding protection measure is decided voluntarily or judicially.

Article 355. Content.1. The person exercising guardianship must in fact take care of the person under guardianship and always act for their benefit. Their performance is limited to acts of a personal nature, care and necessary assistance.

2. In the case of acts of a patrimonial nature, they only include acts of ordinary administration.

3. In any case, it must meet the general criteria of respect for the capacity and progressive autonomy of the minor and the preferences and wishes of the adult in custody, facilitating the decision-making process.

Article 356. Acts that require judicial authorization.1. The person who exercises de facto guardianship requests judicial authorization, through the voluntary jurisdiction procedure, to carry out specific acts that imply a risk to the life, health, physical integrity or freedom of the person in his care when it can't do it by itself.

2. In the case of minors, when due to the nature of the acts it is required to prove the representation, the person who acts as de facto guardian requests the corresponding judicial authorization through the voluntary jurisdiction procedure that authorizes the celebration of one or more of the same.

Article 357. Control of the actions of the person who exercises de facto guardianship.1. The Court, at the request of the Prosecutor's Office or of any person who has a legitimate interest, can establish the control and surveillance measures that it deems appropriate regarding the actions of the guardian and require him to report and render accounts of the situation of the person and property that requires custody.

2. Such measures are adopted, prior to an appearance, summoning the person affected by the de facto guardianship, the person who exercises the de facto guardianship and the Prosecutor's Office.

Article 358. Compensation and liability.1. The person who acts as de facto guardian has the right to reimbursement of expenses and compensation for damages that are generated to his assets by the exercise of his functions, provided that there is no fault on his part and in charge of the assets of the person who requires guard against not being able to obtain compensation by other means.

2. The acts carried out in the area of ​​its competence in the interest of the minor or for the benefit of the person of legal age who requires guardianship cannot be challenged if they are advantageous and redound to its usefulness.

3. Faced with the damages and losses caused by the person who exercises guardianship in fact to the person who requires guardianship, the rules of non-contractual liability referred to in the Civil Code are applied as pertinent.

Article 359. Termination.1. The de facto guardianship is extinguished when the causes that motivated it disappear or by the adoption of other protection measures that in their content are incompatible with it.

2. At the end of the de facto custody, the judicial authority, if there are causes that warrant it and if it is considered necessary, may order that the person who exercises the de facto custody render final accounts of the management of it.

Article 360. De facto administrative guardianship. When the person is hospitalized in a social assistance center, de facto guardianship is exercised by the person in charge of said center.

CHAPTER III OF FAMILY CARE

FIRST SECTION

OF THE FAMILY CARE OF MINORS

Article 361. Family fostering of minors.

Family foster care is an alternative protection measure to institutional foster care, ordered by the judicial authority, whose purpose is to provide a child or adolescent with a family environment appropriate to their affective and developmental needs according to their conditions when they deprived of their family environment of origin or in the face of the impossibility for it to adequately guarantee their well-being, or is deprived of the necessary affective or material assistance as a result of the breach or inadequate exercise of the duties of protection established by law by of the holders of parental responsibility.

Article 362. Object. Foster care has as its objective the promptest reintegration of the child or adolescent to the family nucleus of origin or their subsequent adoption and is provided in order to support efforts aimed at keeping them in a family environment, in conditions that promote its integral and harmonious development, while the appropriate and permanent solution is found.

Article 363. Participants in foster care: 1. The subjects involved in foster care are:

a) the girl, boy or adolescent who needs to be fostered by a family because they lack the attention of those who are legally obliged to do so and who are not adoptable for various reasons, because the holders of the exercise of responsibility have been suspended parental, or that various circumstances prevent him from exercising it;

b) the foster family that must meet the requirements established in this Code;

c) the family of origin that, for various reasons, is not able to provide the necessary care to the minor;

d) the Prosecutor's Office; and

e) the Court.

2. The Court designates from among the members of the foster family who is entitled to request whatever acts are necessary in favor of the foster minor.

Article 364. Requirements. The members of a foster family must meet the requirements established for those who are designated as guardians.

Article 365. Provisionality. Foster care is provisional and transitory in nature and subsists as long as the situation that gave rise to it exists and until the problems that prevent the holders of parental responsibility from being able to exercise it correctly are solved, without thereby a legal family link is created between the foster family and the foster minor.

Article 366. Scope.1. The duties that are assumed in foster care are assimilated to the personal care of girls, boys and adolescents in the same scope that is required for holders of parental responsibility and guardians.

2. The fostered minor owes respect and consideration to the foster family.

3. The Court determines within the foster family the person who assumes the main responsibility for foster care.

4. In the cases of marriages or affective de facto unions, this joint responsibility corresponds to the spouses or affective de facto partner.

5. This responsibility does not include powers of representation, or of administration and disposal of assets that continue to correspond to the holders of parental responsibility who have not been deprived of it or to whoever exercises guardianship.

Article 367. Maintenance obligation. The person designated by the Court within the foster family is responsible for the obligation to provide maintenance with respect to the minor person, without prejudice to that corresponding to mothers and fathers, even in cases that do not have the ownership of parental responsibility in the manner provided in article 37.

Article 368. Modalities of foster care.Family foster care of minors can take place within their own family and be assumed by people linked by kinship with whom they are fostered, or by a foreign family in which they judicial authority entrusts care in a domestic environment other than the family of origin.

Article 369. Pre-adoptive foster care. People who have had a minor in foster care have a preferential option for adoption, provided they meet the legal requirements for it.

Article 370. Emergency foster care. When it is necessary to offer immediate attention to a child or adolescent and avoid their institutionalization, the Court may urgently order the foster care measure for a maximum period of 3 to 6 months until the final family protection measure is decided.

Article 371. Causes of termination of foster care for minors.1. The placement ends for the following reasons:

a) the reinsertion of the child or adolescent into their family of origin;

b) the adoption or guardianship of the child or adolescent;

c) for having reached the age of majority;

d) by death or judicial declaration of presumption of death of the sheltered person;

e) by death, judicial declaration of presumption of death or by having been appointed an intense support with powers of representation of the person who assumes the main responsibility in foster care; except in the case of a marriage or a domestic affective union, in which the measure subsists with respect to the survivor or the cohabitant who has no reason to prevent it due to her disability; and

f) for failure to perform the duties of the foster family.

2. In the last two cases, the cessation of foster care can generate a new appointment.

Article 372. Consent for the formalization of foster care. For the formalization of foster care, the opinion of the foster person is taken into account if they are mature enough to express it in the case of being a minor; as well as the criteria of the rest of the members of the host family.

SECTION TWO ON FAMILY CARE FOR ELDERLY PERSONS OR PEOPLE IN A SITUATION WITH DISABILITIES

Article 373. Scope.

Family foster care of elderly people or people with disabilities referred to in this section is that which occurs between people who are not legally obliged to provide food or between people related to or united by a notorious affective bond, regardless of the existence or not of a family relationship.

Article 374. Purpose.1. The purpose of fostering elderly people or people with disabilities is to keep them in their usual social environment or incorporate them into a family environment, facilitate their integration, respect their right to live in the family and avoid their hospitalization when it is not appropriate or desired.

2. The coexistence originated by the fostering that a person or couple offers to another or other persons is in similar conditions to the relationships that take place in the family environment.

Article 375. Modes and purpose.1. The welcoming and welcomed people live together in the same home, be it from one or the other, in order for the former to take care of the latter, give them food,

provide assistance, seek their general well-being and care for them in situations of illness.

2. When the coexistence is the result of a voluntary maintenance agreement, they are governed by the provisions of said agreements in accordance with the rules regulated in this Code.

Article 376. Form.1. Foster care agreements can be implemented by means of a notarial public deed containing the conditions, their duration, possible causes of extinction and their effects.

2. If the foster care pact includes voluntary food, its instrumentation by public deed is mandatory in accordance with what is provided in this Code in this regard.

Article 377. Duration. Foster care for older adults or people with disabilities can be temporary or indefinite depending on the circumstance that imposes it and what has been established in the foster care agreements.

Article 378. Duties of welcoming people.1. The foster person or persons must always act for the benefit of the foster person or persons; they must attend to their material and affective needs, respect their communication and ties with the rest of the members of their family and close friends, and fully protect them in physical, psychological and social aspects.

2. They must procure the measures tending to guarantee their full development and their family, community and social integration, as well as the affection, respect, consideration, solidarity, preservation of health, appropriate family environment and adequate recreation that these people require.

Article 379. Causes of extinction.1. Foster care for older adults or people with disabilities may be terminated:

a) for the reasons provided for in the agreements.

b) by the common agreement of the people welcomed and welcomed or the will of one of them.

c) due to the death or judicial declaration of presumption of death of the sheltered person; In cases of fostering more than one person, the fostering agreement is maintained with respect to the person who has not died.

d) due to the death or judicial declaration of presumption of death of the foster person; in the cases that it is exercised by more than one person, the foster care agreement is maintained with respect to the person who has not died; and

e) by the will of one of the parties, and with immediate effect, if the other fails to comply with the duties that correspond to it or if any cause that makes coexistence difficult is attributable to it.

2. The extinction of foster care can be recorded in the same way provided for its formalization.

Article 380. Effects of extinction.1. When foster care does not include voluntary maintenance, the effects of its extinction remain at the will of the parties, without generating property rights for any of them.

2. If voluntary alimony was arranged, it complies with the provisions of the contract that gave rise to it according to the rules contained in this Code.

CHAPTER IV OF THE INSTITUTIONAL ACCOMMODATION OF MINORS

FIRST SECTION GENERAL PROVISIONS

Article. 381. Information to the competent authority.

Anyone who knows that a girl, boy or adolescent is in a state of vulnerability or risk, must notify the Prosecutor's Office, which brings the case to the attention of the corresponding instance of the Ministry of Education, for the purpose of determining their Internment in a social assistance center dedicated to these purposes in the national network.

Article 382. Scope. The placement of minors in social assistance centers of the national network, occurs when the competent authority determines it in non-family collective environments, in which children and adolescents are provided living conditions that resemble those of a home.

Article 383. Object. Institutional foster care is a temporary measure of protection, ordered by the competent authority, whose purpose is to provide a child or adolescent with protection and attention to their affective and developmental needs according to their conditions, when he is deprived of his family environment of origin or when it is impossible for it to adequately guarantee his well-being, as a consequence of non-compliance or inadequate exercise of parental responsibility and always with the aim of his promptest reintegration into the family nucleus of origin, or their foster care or their adoption, according to what is best in their best interest.

Article 384. Guardianship or de facto guardian representation.1. Those who direct the social assistance centers of the national network exercise the administrative guardianship of the girls, boys and adolescents sheltered in them, with respect to whom there is no parental responsibility or guardianship.

2. Apart from the previous cases, they exercise guardianship in fact.

Article 385. Determination of internment.1. The competent authorities, when they know of cases of girls, boys or adolescents who are abandoned or that the holders of parental responsibility, guardians or de facto guardians, fail to comply or exercise it inadequately, proceed immediately and while the pertinent investigations are carried out or another protection measure is adopted, to deliver them to a social assistance center dedicated to these purposes.

2. The same is done in the case provided for in article 249.

Article 386. Permanence of affective ties with the family of origin. The directorates of the social assistance centers must promote and guarantee that girls, boys and adolescents sheltered there can exercise their right to maintain personal relationships and direct contact with their mothers, fathers, other relatives and people emotionally close, on a regular basis, provided that this is not contrary to their best interest, as well as whenever possible they return to their family of origin in the shortest possible time or their foster care is arranged .

Article 387. Circumstances and deadlines to promote the deprivation of parental responsibility. In the event that the holders of parental responsibility fail to fulfill their duties towards their inmate daughters and sons by neglecting them evidently, systematically and without justified cause for one hundred and eighty (180) days, whoever has de facto administrative guardianship of the child or adolescent, after this term, initiates the procedures referred to in article 340 for the purposes of their adoption.

SECOND SECTION ON SUBSTITUTE FAMILIES LINKED TO SOCIAL ASSISTANCE CENTERS OF THE NATIONAL NETWORK

Article 388. Scope.

The substitute family is one that, voluntarily, is linked to the social assistance centers of the national network in the work of housing, caring for and caring for children and adolescents, sheltered there, on weekends, vacations and other periods; giving them the attention and affection they require in a familiar space.

Article 389. Appointment.1. The addresses of the social assistance centers of the national network are empowered, after consultation with the Prosecutor's Office, to designate the substitute families that take in internal children and adolescents and within these the people who have the main responsibility for care ; For this, they carry out the corresponding investigations and use the criteria of authorized specialists to ensure that they can fully fulfill their responsibilities.

2. In any case, it is a requirement to listen to the opinion of the minor according to their capacity and progressive autonomy before joining a substitute family.

Article 390. Responsibilities. The duties of the persons who have the main responsibility for care within the substitute family are assimilated in the same scope as that required for the holders of parental responsibility with regard to those linked to care personal, affective and protection of their needs, without prejudice to that which corresponds to the addresses of social assistance centers, which maintain administrative guardianship or de facto guardianship with respect to said children and adolescents.

Article 391. Preferential option. The surrogate family does not have the purpose of adoption, but if they request it and it is appropriate and beneficial for the foster minor, they proceed in accordance with the provisions of article 369.

Article 392. Permanence.1. The permanence of the girl, boy or adolescent in the bosom of a substitute family is determined by her best interests and the affective ties that have been created between them.

2. The management of the social assistance center periodically evaluates the stay of the minor in the bosom of the foster family and the attention and care that it provides, with the help of trained personnel.

3. Failure to comply with the duties that correspond to it determines the immediate separation of the minor person from the care of that family.

CHAPTER V OF VOLUNTARY MEALS

Article 393. Scope.

1. Voluntary alimony is constituted through an assistance contract, where the obligee agrees to offer alimony to the obligee, who becomes obligated to transfer assets or rights as consideration.

2. When the maintenance contract involves the transfer of immovable property or movable property subject to public registry, it is registered in it for the purposes of enforceability against third parties.

3. The assets and rights transferred by the obligee to the obligor cannot in turn be transferred by the latter to a third person during the term of the contract.

4. If the prohibition contained in the previous section is violated, the contract entered into by the obligee with the third party is void.

Article 394. Prohibition. It is prohibited to enter into a maintenance contract between persons who are legally obliged to provide them, in accordance with the regulations contained in the Code.

Article 395. Content of the contract.1. The contracting parties determine the scope of the alimony benefit, with a wide margin to the autonomy of the parties.

2. In the event of not agreeing on the matter or of changing the circumstances that were taken into account at the time of the conclusion, it is understood that the content of the contract includes all types of assistance, that is, food, maintenance, accommodation, recreation, family support, care personal and affective, living conditions and limits.

3. The obligee undertakes to provide food until the obligee's death or judicial declaration of presumption of death, unless otherwise agreed.

Article 396. Form. The alimony contract is formalized by notarial public deed.

Article 397. Stipulation in favor of a third person.1. The alimony contract can be entered into with a stipulation in favor of a third party, in order to guarantee the personal and patrimonial protection of people with disabilities, older adults, minors and the conceived.

2. Both minors and the conceived are admitted as beneficiaries.

3. In addition, the rules of the Civil Code on the matter apply.

Article 398. Breach of obligations by the obligor. If the obligor fails to comply with the main obligations derived from the contract, the other party to the contract may judicially request the resolution of the obligor, with the consequent restitution in his favor of the assets and transferred rights.

Article 399. Possibility of contracting by legal persons. Legal persons for purposes of care and assistance may enter into this contract, forcing themselves to provide food to dependent or vulnerable persons.

Article 400. Death of the obligee or any other circumstance that prevents compliance with the obligations derived from the contract.1. If during the term of the contract, the obligor dies or is declared presumably dead, the contract is terminated, and consequently the assets and rights transferred are reverted in favor of the obligee.

2. The provisions of the preceding paragraph also apply when a circumstance occurs that seriously affects the obligor's physical or mental health, or due to any other event that prevents him from executing the benefits to which he was bound by reason of the contract.

CHAPTER VI GUARDIANSHIP

FIRST SECTION GENERAL PROVISIONS

Article 401. Scope and ways of deferring.

1. Guardianship is an institution for the family and social protection of the person and the assets and rights of a girl, boy or adolescent who has not fully exercised their legal capacity when there is no person exercising parental responsibility.

2. Guardianship can be deferred by will, by notarial public deed or by judicial resolution.

Article 402. Constitution and purpose.1. In any case, guardianship is constituted by judicial resolution issued by the competent court and its purpose is the custody and care, education, defense of rights and protection of the patrimonial interests of minors with respect to whom they are not parental responsibility is held.

2. The Prosecutor's Office always intervenes in the process.

Article 403. Plural guardianship.1. Guardianship can be exercised by up to two people; In such circumstances, the differences in criteria are settled before the court that has established the guardianship, with the proper intervention of the Prosecutor's Office.

2. When constituting the plural guardianship, the content of the powers and duties that corresponds to each of the guardians is determined, for which each of them is responsible.

Article 404. Testamentary guardianship.1. The holder of parental responsibility who is not deprived or suspended from the exercise of it may defer the guardianship of their minor sons and daughters, by will to one or more persons.

2. If there are provisions of the holders of parental responsibility, they are applied jointly as soon as they are compatible.

3. If it is not, the competent court to establish the guardianship must adopt those that it deems most convenient for the best interest of the child or adolescent.

4. The provisions that exempt the guardian from taking an inventory, authorize him to receive the goods without meeting that requirement, or release him from the duty of rendering accounts are null and void.

Article 405. Judicial verification.1. The Court is in charge of verifying, in the process of voluntary jurisdiction, whether the person in favor of whom guardianship is deferred meets the requirements set forth in this Code, if he meets them, also listening to the opinion of the child or adolescent, as with their age and degree of maturity, if this is beneficial to their best interest, guardianship is constituted in their favor.

2. In the case of plural guardianship, if one of the persons in favor of whom the guardianship is deferred does not meet the requirements established in this Code, the Court constitutes it in favor of the person who does comply, constituting in this case a single-person guardianship. .

Article 406. Guardianship deferred voluntarily by non-testamentary act.1. The holders of parental responsibility, in the circumstances provided for in the two previous articles, may also defer guardianship to one or more guardians through a legal act contained in a notarial public deed, the effects of which are subject to their death or judicial declaration of presumption. of death.

2. The other provisions contained in said articles are also applicable.

Article 407. Special guardianships.1. The judicial designation of special guardianships corresponds in the following cases:

a) when the holders of parental responsibility do not have the administration of the assets of minor daughters and sons;

b) when the person in respect of whom the guardianship has been constituted has acquired assets with the condition that they be administered by a specific person or with the condition that they are not administered by their guardian; and

c) when specific or particular knowledge is required for an adequate exercise of administration due to the characteristics of the asset to be administered.

2. Special guardianships are substantiated by the procedures of voluntary jurisdiction and are subject to the same requirements, constitution and registration rules established in this Code for ordinary guardianship.

Article 408. Dative guardianship.1. In the absence of designation of a guardian or guardians by the holders of parental responsibility or in the face of the excuse, rejection or impossibility of exercising those designated, the Court must grant guardianship to the person who is most suitable to provide protection to the girl, child or adolescent, having to reasonably justify the reasons that justify said suitability.

2. In the event that there are two most suitable persons, a plural guardianship is constituted.

Article 409. Acceptance of the position and inalienability. Acceptance of the position of tutor is voluntary; but once accepted, it cannot be waived, except for a legitimate cause duly justified in the opinion of the Court.

Article 410. Persons with the duty to inform about the denunciation of guardianship.1. They have the duty to inform the Prosecutor's Office of the need for a girl, boy or adolescent to be appointed a guardian, so that it can proceed to promote the corresponding process:

a) Those who live with the minor and their close neighbors, or the most immediate mass organizations; and

b) public officials who by reason of the exercise of their position are aware of the existence of the state of necessity referred to in the initial paragraph of this article.

2. In the case of relatives up to the third degree of consanguinity and second degree of affinity of the child or adolescent for whom it is necessary to appoint a guardian, they may, if they deem it necessary, also inform the Prosecutor's Office of that particular, once they are aware of it, to promote the corresponding process, regardless of the fact that any of them can do it by themselves.

Article 411. Legitimized to request guardianship. Only the relatives of the person who should be appointed guardian up to the third degree of consanguinity or second degree of affinity and the Prosecutor's Office are entitled to promote the constitution of guardianship , whenever it deems it necessary, based on the information received referred to in the previous article or when by final judgment the person exercising it is deprived of parental responsibility.

Article 412. Powers of the competent court. The competent court is empowered to:

a) provide care for his person and property until guardianship is established;

b) constitute the guardianship by means of a well-founded resolution in which the guardian is appointed

c) remove the guardian, when circumstances so advise in accordance with the best interest of the child or adolescent;

d) supervise the exercise of guardianship; and

e) declare the guardianship extinguished, demanding the final rendering of the guardian's account.

Article 413. Rules for establishing guardianship.1. To establish guardianship, whether single or plural, outside the cases of testamentary guardianship or by legal act contained in a notarial public deed, the Court summons the relatives of the latter included up to the third degree of consanguinity and second degree of affinity, who reside within of its demarcation or that of another of the same city or town in which it has its headquarters, in order to hold an appearance in which it hears the relatives who attend and listen to the opinion of the minor person, according to their age and mental and emotional maturity, to proceed with the appointment of the guardian, in accordance with the following rules:

a) the preference expressed by the minor;

b) the majority opinion, if any, of the aforementioned relatives as soon as it is acceptable, in the opinion of the Court;

c) if it is not possible to appoint a guardian in accordance with the above rules, the Court decides, guided by what is most beneficial for the minor person and under equal conditions, appoints the relative in whose company he or she is a guardian; if the holders of parental responsibility have delegated the exercise of parental responsibility for their daughters and sons to a relative, it is presumed that they will be appointed their guardian, unless it is not beneficial for them; and

d) if you are not in the company of any relative, or if you are in the company of several of them at the same time, you prefer, within the family members, the person with whom the affective ties are closest. the girl, boy or adolescent, also in attention to their best interests;

2. When special reasons so advise, the Court may appoint a person who is not related to the minor as guardian; In this case, name the person who shows interest in taking care of the child or adolescent, based on their affective ties, preferring the person who would have taken care of them.

Article 414. Requirements for appointment. To be appointed guardian of a minor, the following is required:

a) be of legal age and fully enjoy civil and political rights;

b) having observed a conduct that makes it possible to reasonably presume that he will comply with the duties established in article 286 with respect to the ward;

c) be a resident in the country and remain there most of the time with the ward, with exceptions, prior authorization from the Court;

d) have sufficient income to cover the expenses of the ward as necessary;

e) not have a criminal record for crimes against the normal development of sexual relations, family, childhood and youth, or violence, for any of its manifestations or for others that, in the opinion of the Court, disqualify them from being a guardian ;

f) who has not been deprived or suspended in the exercise of parental responsibility for their own daughters and sons, or removed from guardianship or as support of a person with a disability, for reasons that were attributable to them; and

g) not have conflicting interests with the minor.

Article 415. Administrative guardianship.1. Administrative guardianship is the one exercised by those who run social assistance centers or education centers, and military or paramilitary units, with respect to minors who live in said establishments and in relation to whom there is no has parental responsibility or guardianship, as well as those sheltered in them, in accordance with the provisions of article 384 of this Code.

2. The representation of the ward before the courts by those who exercise administrative guardianship, can be delegated to a member of the legal body of the respective agencies.

SECTION TWO ON THE EXERCISE OF GUARDIANSHIP

Article 416. Representation.

The guardian legally represents the minor in all legal acts that are not of a very personal nature, without prejudice to the personal performance of the child or adolescent in exercise of their right to be heard and the progressive recognition of their autonomy granted by law or authorized by the competent court.

Article 417. Duties of the tutor.1. The guardian has the following duties with respect to the ward:

a) educate and guide them based on positive, non-violent and participatory forms of parenting, following the provisions of articles 286 subsection c) and 295 of this Code;

b) take care of their food;

c) make an inventory of the assets and submit it to the Court within the term set by the Court;

d) diligently manage their assets;

e) timely request the Court's authorization for the necessary acts that cannot be carried out without it; and

f) render a periodic account of the management of the guardianship before a competent court;

2. If the ward's resources are not sufficient to meet his economic needs, the guardian may, before the Court, demand maintenance from those obliged to provide them.

3. The duties that the position of guardian entails cannot be delegated, except for the exception provided for in article 415.2 of this Code for those who exercise administrative guardianship in the event of legal representation of the ward before the courts.

Article 418. Duties of the ward. Minors, in relation to whom guardianship is established, owe respect and consideration to the guardian.

Article 419. Pupil in a situation of disability. It is the responsibility of the guardian of a minor with a disability to carry out the necessary actions that allow their school, community and social inclusion, as well as promote the full enjoyment of all their rights and freedoms, especially those that concern family life, on equal terms with other girls, boys and adolescents, for which they must attend to the evolution of their faculties.

Article 420. Patrimonial precautions.1. The Court, by controlling the exercise of guardianship, can directly order the deposit of cash, jewelry and other high value assets of the ward, as provided in the Code of Procedures.

2. The Court can also determine the limits of availability of the funds that the conservatee has in his bank account.

Article 421. Necessary judicial authorization. The guardian needs authorization from the Court to:

a) request the assistance of the authorities in order to admit the pupil to a care facility to receive medical treatment;

b) perform acts of ownership or any other act that may compromise the patrimony of the ward;

c) not accept donations, renounce inheritances, legacies or other dispositions due to death; as well as to divide these or other goods that the pupil has in common with others;

d) make investments and major repairs in the assets of the ward; and

e) compromise or acquiesce to demands that are established against the ward.

Article 422. Utility or necessity. The Court cannot authorize the guardian to dispose of the ward's assets except for duly justified utility or necessity.

Article 423. Prohibited acts.1. Whoever exercises guardianship cannot agree with his ward the acts prohibited to mothers and fathers with respect to their daughters and sons who are minors.

2. Before the accounts are judicially approved, the tutor cannot conclude any contract with the ward.

Article 424. Civil liability of the tutor.1. The tutor is responsible for the damages and losses caused to the pupil due to her fault, by action or omission, in the exercise or on the occasion of the fulfillment of her duties.

2. The ward, any of his relatives, or the Prosecutor's Office, may exercise the actions derived from the illegal act for the purposes of their reparation or compensation, as appropriate, in accordance with the provisions of the Civil Code.

Article 425. Accountability.1. The accountability of the guardianship is periodic, in a minimum period of one year and final, once extinguished; In any case, it is carried out before the Court with the intervention of the Prosecutor's Office.

2. At the end of the guardianship, the guardian has the duty to render an account of its administration. The same duty has the guardian who is removed or the heirs of the one who has died or declared presumably dead.

3. The guardianship accounts are examined by the Court, which approves them or makes objections to them and orders the corresponding refunds.

Article 426. Removal of the guardian.1. When the guardian, during the exercise of guardianship, ceases to meet the requirements demanded by this Code for his appointment, or when he fails to comply with the duties imposed on him, the Court ex officio, or at the request of the relatives of the ward within the third degree of consanguinity or second of affinity that are aware of such circumstances or of the Prosecutor's Office, orders their removal.

2. In order for the Prosecutor's Office to act, the persons referred to in article 410.1 paragraphs

a) and b) of this Code must inform you of the facts that in their opinion may determine said removal.

Article 427. Death or judicial declaration of presumption of death of the tutor.1. In the event of the death or judicial declaration of presumption of death of the guardian, the executor, the heirs or the other guardian, if any, you must notify the competent court immediately.

2. In such circumstances, urgent measures must be adopted for the protection of the person and property of the ward.

Article 428. Termination of guardianship. Guardianship is terminated:

a) for the ward reaching the age of majority

b) by being adopted; and

c) due to the death or judicial declaration of presumption of death of the ward.

Article 429. Gratuity of the position and expenses of the management.1. Guardianship is exercised free of charge.

2. Whoever exercises guardianship has the right to restitution of reasonable expenses incurred in the management, even if they do not result in profit to the ward; such restitution right is exercised against the patrimony of the ward, according to the norms of the Civil Code, previous approval of the Court.

THIRD SECTION OF THE GUARDIANSHIP REGISTRY

Article 430. Of the guardianship book.

In the courts in charge of supervising the guardianship, a book is kept in which the reasons of those constituted in their territory are taken; including the administrative guardianship of those who exercise it empowered in this Code to do so.

Article 431. The person in charge of the guardianship book. The books are under the care of the person in charge of the court secretary or the corresponding section, who makes the entries and issues the certifications.

Article 432. Content of the guardianship registration. The record of each guardianship must contain:

a) the name, surname, age, sex and address of the ward and the provisions adopted by the Court regarding the exercise of guardianship;

b) the name, surname, age, sex, occupation and address of the tutor;

c) the date on which the guardianship was established;

d) the reference to the inventory of the assets, which is kept in a separate file with the deposit receipts and the limitations on bank account operations; and

e) the center in which the pupil is admitted and the changes of establishment that are made.

Article 433. Registration of the accountability of the tutor.1. At the bottom of each registration, at the beginning of the year, the annual accountability of the tutor's management is recorded.

2. The annual rendering of accounts is carried out in the Court of the guardian's domicile, who notifies the Court in which the registration is made of said rendering of accounts, as well as individuals who vary the data of the registration made, with remission of the minutes and the corresponding documents.

Article 434. Annual review of guardianship registries. The Court annually examines the guardianship registries, which is recorded and adopts the necessary determinations in each case to defend the interests of the persons in respect of whom has constituted.

CHAPTER VIIDE FAMILY CAREGIVERS

Article 435. Scope.

For the purposes of this Code, a family caregiver is considered to be the person who assumes total or partial responsibility for the care of another and other people, who are part of their family, who, for reasons derived from age, illness or the disability are in a situation of dependency to carry out their activities of daily living and the satisfaction of their material and emotional needs.

Article 436. Content. It corresponds to the family caregiver to assume personal care, help in education and social life, administrative procedures, mobility, permanent surveillance, psychological help, communication, domestic activities or others of a similar nature, which may fall on one or more people in the family group.

Article 437. Respect for autonomy and dignity. The family caregiver in solidarity assumes the decisions and conducts to follow together with the person under their care, guaranteeing that this is dispensed in accordance with the autonomy and preferences of the person who care and that in any case their dignity is respected.

Article 438. Prohibition of violence. The State, society and families must prevent all forms of exploitation, violence, in any of its manifestations, and abuses against the family caregiver or against the person they care for.

Article 439. Training. The State must institutionally guarantee the necessary training processes so that family caregivers can carry out their activity and take care of themselves.

Article 440. Rights. The following rights are recognized for the family caregiver:

a) know the medical diagnosis of the person they care for and everything related to the diseases they suffer and access all the information that facilitates their performance;

b) receive training to perform care optimally and have the necessary time to learn it;

c) take care of oneself and rest, dedicate time to personal activities that do not include their family member and to enjoy health services and networks that provide economic, moral, psychological, physical and social support;

d) be treated with respect, receive cooperation from the rest of the family and refuse excessive or inappropriate demands by the person they care for;

e) that other people participate in the care of their family member, even if the family member opposes it, as well as recognizing the limits of their own strength and resistance;

f) carry out their work part-time or full-time, as the case may be, so that they can reconcile it with their personal, family and social life project; and

g) be reimbursed or restituted, in accordance with the norms of the Civil Code, for the expenses or disbursements that they assume with their own patrimony in the care of the family member.

Article 441. Duties. The family caregiver has the following duties:

a) facilitate the decisions, inclusion and social participation of the person cared for, promoting the greatest possible material and formal autonomy, in relation to their possibilities and guaranteeing in any case the dignity of the family member under their care;

b) share with other relatives the determinations related to the care and any other aspect related to the person they care for, which in no case should affect their well-being and quality of life; and

c) not use the patrimonial resources available to them for their own benefit.

Article 442. Extensive application. The above provisions are applicable to personal assistants, informal caregivers and professional caregivers, who are not family members of the person to whom care is provided.

TITLE X OF THE OLDER ADULTS AND PEOPLE IN A SITUATION OF DISABILITIES IN THE FAMILY ENVIRONMENT

CHAPTER I

OF OLDER ADULTS IN THE SOCIAL-FAMILY ENVIRONMENT

Article 443. Right to family life with dignity.

Older adults have the right to a family life with dignity, with the family being the main person responsible for attending to their needs, both in the affective and patrimonial order; Likewise, their communication and ties with the rest of the members of that must be respected.

Article 444. Right to an autonomous and independent life. Families, the State and the community must recognize and respect the self-determination of the elderly person, their right to make decisions, to define and develop their life project in an autonomous and independent, in accordance with their convictions, on equal terms and to have mechanisms to be able to exercise their rights.

Article 445. Right to choose place of residence. The right of the elderly person to choose their place of residence, permanently or temporarily, is recognized, as well as to determine with whom they want to live in accordance with the provisions of the special law on equal terms with the others.

Article 446. Right to family life free of violence.1. Older adults have the right to live a family life free of violence in any of its manifestations, even if they are expressed inside or outside the family home.

2. It is the responsibility not only of families, but also of society and the State, as far as each one is concerned, to adopt measures of a diverse nature to punish and eradicate acts of violence against older adults, as well as those that promote the reparation for damages caused by these acts.

Article 447. Right to an accessible environment.1. Older adults have the right to an accessible environment that allows them to live independently and fully participate in all aspects of life.

2. Families, the State and the community must ensure the accessibility of older adults, on equal terms with others.

Article 448. Right to self-regulation of future protection. Older adults have the right to configure, based on their wills and preferences, the protection system that must govern when circumstances make it difficult for them to exercise their legal capacity on equal terms with others, which are complementary or supplementary to those adopted by the judicial authority.

Article 449. Necessary support and adjustments. Families, the State and society, to the extent of their respective responsibilities, make the reasonable adjustments that are necessary and create a support system that allows older adults to the exercise and defense of the rights of which they are holders, taking into account the dignity, autonomy and choices of the person.

Article 450. Right to participation and social and family inclusion. Families, society and the State, according to their respective responsibility, have the duty to contribute to the protection of older adults, through their agencies and institutions and provide said people with social, community and family participation and inclusion in an environment of full equality that allows them to develop their capacities and potential.

Article 451. Duties of families towards hospitalized older adults. In the cases of older adults who are hospitalized in social assistance centers where they reside, their daughters and sons and other relatives have the duty to contribute to

the satisfaction of their affective needs, to their support and to maintain the link with their family home.

Article 452. Content of the protection.1. The protection of older adults includes their full development and satisfaction of their affective and patrimonial needs, as well as the physical, psychological, social and legal aspects of their lives, based on values ​​such as affection, respect for their wishes and preferences, consideration, inclusion, solidarity and the preservation of their mental and physical health, and in accordance with the principles of proportionality, subsidiarity and respect for their autonomy.

2. Likewise, the acts that the person has granted in anticipation of their future protection in the event of the eventual loss of skills associated with age must be respected.

Article 453. Institutional protection networks. The action of the State, in coordination with families, aimed at older adults is materialized fundamentally through the National Health System and the Social Security and Assistance System, as well as the governing institutions of education, sports, recreation and culture, which develop the respective programs to ensure that these people live with due physical, psychological and social health, and effectively enjoy dignity and self-determination.

Article 454. Role of mass and social institutions and organizations. Mass and social institutions and organizations in the community must ensure the actions of families in the care and attention of the elderly, as well as if necessary, act so that they receive the support of the State or of the corresponding organisms, to make effective their protection and their possibilities of social participation.

CHAPTER IIDE PEOPLE IN A SITUATION OF DISABILITIES IN THE SOCIAL-FAMILY ENVIRONMENT

Article 455. Right to family life with dignity.

1. People with disabilities have the right to a family life with dignity, and to be included in community and social life.

2. Society and the State provide, through their agencies and institutions, the support system, due protection, education and the necessary guidance that allows them to develop their capacities and aptitudes to the maximum.

Article 456. Exercise of rights under equal conditions. Families, society and the State, insofar as each of them corresponds, guarantee support and make reasonable adjustments so that people with disabilities exercise their rights fully and on an equal basis with others.

Article 457. Prohibition of interference in family life. No person with a disability, regardless of their place of residence, is subject to arbitrary or illegal interference in their family life.

Article 458. Sexual and reproductive rights.1. People with disabilities have the right to freely and responsibly decide the number and manner of having their offspring and the time that must elapse between one birth and another.

2. Likewise, they have the right to access information on sexual education and family planning issues, appropriate for their age in the case of being girls, boys or adolescents, and to be offered the necessary means that allow them to exercise those rights.

Article 459. Other rights. In addition to the rights recognized in this chapter, people with disabilities also have the rights recognized for older adults in articles 444 to 450 of this Code.

Article 460. Training. The families of people with disabilities stimulate and promote their comprehensive development as human beings and their training and social inclusion. Likewise, its members participate in this process and are adequately informed for this purpose.

Article 461. Duties of families towards hospitalized persons with disabilities. The families of persons with disabilities, admitted to specialized centers, have the duty to maintain systematic communication with them, and to seek a affective care during the duration of the hospitalization.

Article 462. Duties of social institutions and the State in education and promotion of rights. Agencies, institutions and organizations of society and the State must promote programs aimed at people with disabilities, their families and members of the community, aimed at promoting favorable attitudes in relation to family institutions, sexuality, maternity or paternity, adequate methods of family planning and work.

TITLE X RULES OF INTERNATIONAL PRIVATE FAMILY LAW

CHAPTER I GENERAL PROVISIONS

Article 463. Exclusion of forwarding.

When foreign law is applicable, for the solution of disputes in family matters, it is understood that it is the substantive law of that State, excluding its conflict rules.

Article 464. Conflict of qualification. Foreign law on family matters is applied according to its criteria of interpretation and application over time.

CHAPTER II MARRIAGE

Article 465. Law applicable to the capacity of the spouses, the form of marriage and its existence and validity.

1. The capacity of people to formalize marriage, the form of the act, its existence and validity, are governed by the law of the place of formalization, even if the contracting parties have left their domicile so as not to be subject to the rules that govern it.

2. No marriage celebrated in a foreign country is recognized if there are any of the prohibitions set forth in articles 66 and 67 of this Code.

3. The law of the place of formalization governs the proof of the existence of the marriage.

Article 466. Law applicable to personal relations between spouses.1. Personal relations between spouses are governed by the law of the effective marital domicile. If they do not exist, they are governed by:

a) the last marital address;

b) in the absence of this, by the common citizenship law at the time of its formalization; and

c) failing that, by the law of the place where the marriage was formalized.

2. For the purposes of this Code, the effective conjugal domicile is considered to be the place of undisputed affective cohabitation of the spouses.

Article 467. Law applicable to property relations between spouses.1. Property relations between spouses are governed by any of the following laws, agreed upon by the spouses before the formalization of the marriage.

a) the law of citizenship of either of the contracting parties at the time of the formalization of the agreement;

b) the law of the domicile of either party at the time of the formalization of the agreement; and

c) the law of the domicile of the spouses after the formalization of the marriage.

All this, except in what, being of a strictly real nature, is prohibited by the law of the place where the goods are located.

2. The choice of any of these laws is made in writing in a public document in accordance with the chosen matrimonial property regime.

Article 468. Modification of the law applicable to property relations between spouses.1. The spouses can agree in writing during the marriage to submit their matrimonial economic regime to another of the aforementioned laws.

2. The exercise of this power must not affect the rights of third parties.

3. In the absence of such a choice, the property relations between the spouses are governed by the law applicable to personal relations, in accordance with article 466 of this Code.

4. The law that governs the property relations between spouses, in accordance with the previous sections, whether elected or not, is applicable until the spouses have validly chosen a new law, regardless of possible changes in the citizenship or domicile of any of them.

Article 469. Law applicable to the marital status. The marital status of persons is governed by the law of the State of which they are citizens, failing that, by the law of their habitual residence.

CHAPTER III OF THE AFFECTIVE UNION.

Article 470. Law applicable to the affective de facto union.

1. The law of the place where affective de facto unions are implemented and registered or recognized by the competent authorities governs the conditions of their instrumentation, registration or recognition, the effects on assets and the conditions for dissolution of the union.

2. The affective domestic partner may agree in writing during the term of the union to submit their economic regime to the law of the domicile or citizenship of any of them or the law of the State where the union was registered.

3. This choice can be made before or at the time of registration and cannot prejudice the rights of third parties.

4. Any effect of the union that does not have a specific solution attributed by this Code, is subject to the law of the place where it is intended to be enforced.

CHAPTER IV OF THE CAUSES FOR DISSOLUTION AND EXTINCTION OF MARRIAGE

Article 471. Applicable law.

The spouses can agree by public document, before or during the marriage, the law applicable to the dissolution and extinction of the marriage, as long as it is one of the following laws:

a) the law of the State in which they have their common domicile at the time of the formalization of the agreement;

b) the law of the State of the last place of the marital domicile, provided that one of them still has his domicile there at the time of the formalization of the agreement;

c) the law of common citizenship of the spouses at the time of the formalization of the agreement; and

d) the law of the country of the Court hearing the process.

Article 472. Supplementary application.1. In the absence of an agreement, provided for in the previous article, the dissolution and extinction of the marriage are governed by the law of the last domicile of the spouses, in its absence, by the law of common citizenship, if it does not exist, Cuban law.

2. Once the application for divorce, or the lawsuit, has been submitted to the competent authorities, as the case may be, the spouses can decide that the divorce is governed by Cuban law.

3. These articles are applicable to other causes of extinction of the marriage in what is pertinent.

Article 473. Validity in Cuba of a sentence issued or an authorized deed of divorce abroad.

The sentence issued or authorized deed of divorce abroad that dissolves a marriage celebrated in accordance with the laws of Cuba or of a foreign country, between Cubans, or between Cubans and foreigners or between foreigners, is valid in Cuba, provided that by the Cuban consular representation in the country where the marriage was dissolved, it is certified that it was processed and resolved in accordance with the laws of said country.

CHAPTER V

OF FOOD.

Article 474. Law applicable to food.

1. The right to maintenance is governed by the law of the domicile of the obligee, unless the law of the State of habitual residence of the obligee provides greater guarantees to him.

2. In the event of a change of address, the law of the State of the new habitual residence applies from the moment it takes place; however, Cuban law applies if the creditor cannot obtain maintenance from the debtor in accordance with the law designated in the previous section.

3. The right to maintenance between spouses is governed by the law of the last marital domicile, of the last effective cohabitation or of the country whose law is applicable to the dissolution or annulment of the relationship.

4. The maintenance contract is governed, at the choice of the parties, by the law of the domicile or habitual residence of any of them at the time of its perfection. Otherwise, the law governing the right to food is applied.

CHAPTER VI OF THE FILIATION.

Article 475. Determination of the law applicable to parentage.

1. Parentage is governed by the law of the habitual residence of the daughter or son at the time of birth; however, the law of the habitual residence of the daughter or son at the time of the filing of the filiation claim is applied if it is more favorable to the latter.

2. The applicable law by reason of this norm determines the active and passive legitimation for the exercise of the actions, the term to file the demand, as well as the requirements and effects of the possession of state.

Article 476. Recognition of filiation established abroad.

All recognition of filiation constituted in accordance with foreign law is valid in the Republic of Cuba in accordance with the principles of Cuban public order, unless the best interest of the child or adolescent is not taken into account.

Article 477. Assisted affiliation.

1. The principles that regulate the rules on assisted filiation are part of public order and must be considered by the competent authority when its intervention is required for the purposes of recognition of status or registration of people born through these techniques.

2. In any case, the decision that benefits the best interests of the child or adolescent must be adopted.

Article 478. Law applicable to adoption.

1. The requirements and legal effects of adoption are governed by the law of the domicile of the adoptee at the time of its approval.

2. In any case, the annulment or revocation of the adoption carried out abroad is governed by the law of its approval or by the law of the domicile of the adoptee.

Article 479. Recognition of adoption constituted abroad.

1. An adoption constituted abroad is recognized in the Republic of Cuba when it has been authorized by the competent authority of the country of domicile of the adoptee in accordance with its current regulations.

2. Authorized adoptions must also be recognized in the adopter's country of domicile when such adoption is capable of being recognized in the adoptee's country of domicile.

3. For the purposes of public order control, the best interest of the child or adolescent and the close ties of the case with the Republic of Cuba are taken into account.

Article 480. Conversion of adoption.

1. The simple adoption authorized abroad in accordance with the law of the domicile of the adopted person can be transformed into full adoption if:

a) the requirements established by Cuban Law for full adoption are met; and

b) give their adoptive and adopted consent. If you are a minor, your opinion must be heard according to your capacity and progressive autonomy and the Prosecutor's Office must intervene.

2. In all cases, the Court must assess the advisability of maintaining the legal link with the family of origin.

CHAPTER VII

OF PARENTAL RELATIONSHIPS AND SUPPORT

Article 481. Law applicable to parental responsibility and protection of minors.

1. Parental responsibility or another similar institution is governed by the law of the habitual residence of the daughter or son at the time of the conflict. 2. However, to the extent that your best interest requires it, the law of another State with which the situation has relevant links may be taken into consideration.

Article 482. Law applicable to guardianship, supports, safeguards, reasonable adjustments.

1. The guardianship of minors and support figures, safeguards, reasonable adjustments in relation to people with disabilities are governed by the law of the domicile of the person whose protection is in question, or of the one to whom support in the exercise of their legal capacity, at the time of the events that give rise to the determination of guardianship or support, safeguards or reasonable adjustments.

2. Other figures for the protection of girls, boys and adolescents, regularly constituted according to the applicable foreign law, are recognized and display their effects in the country, as long as they are compatible with the rights recognized in the Constitution of the Republic.

3. In the application of the laws mentioned in the previous paragraphs, the best interest of the child or adolescent is imperatively taken into account.

CHAPTER VIII OF THE INTERNATIONAL RESTITUTION OF CHILDREN AND ADOLESCENTS

Article 483. General principles and cooperation.

1. In terms of displacement, retention or abduction of minors that give rise to requests for location and international restitution, the conventions in force govern and outside their scope of application, the Cuban courts must try to adapt the principles contained in such conventions to the case. , ensuring your best interest.

2. The competent court that decides the restitution of a minor must supervise their safe return, promoting solutions that lead to voluntary compliance with the decision.

3. At the request of a legitimate party or at the request of a foreign competent authority, the court that becomes aware of the imminent entry into the country of a girl, boy or adolescent whose rights may be threatened, may order advance measures in order to ensure their protection, as well as, if applicable, that of the accompanying adult.

TRANSITIONAL PROVISIONS

FIRST: The legal relationships established and the rights acquired under the Family Code, Law No. 1289 of February 14, 1975, remain valid.

SECOND: The matters filed in any of the Courts, related to the judicial recognition of the non-formalized marriage union referred to in the Family Code, Law No. 1289 of February 14, 1975, which are in process at the entry into force of this Family Code, will continue to be substantiated in accordance with the provisions contained in the previous Code. The rest of the matters pending processing will be adjusted to the norms contained in this Code.

THIRD: Guardianships of persons of legal age constituted under the Family Code, Law No. 1289 of February 14, 1975, will be reviewed by the courts, with the intervention of the Prosecutor's Office, within a period of one year , counted from the entry into force of this Code, in order to adopt the provisions relating to the provision of support and safeguards, with respect to said persons.

FOURTH: People who formalized marriage under the Family Code of February 14, 1975 and whose economic regime is that of the matrimonial community of property may enter into marriage agreements to modify the current one and establish any other of the economic regimes in the manner established by this Code.

FIFTH: The legal relationships and family legal acts that are regulated for the first time in this Code are governed by its provisions, even though the causes that originated them occurred during the validity of the previous Family Code.

FINAL PROVISIONS

FIRST. Articles 29 to 32, both inclusive, of the Second Section "Exercise of civil legal capacity" of Chapter I "Natural persons", of Title I "General Provisions" of Book I "Legal relationship", of the Law are modified. No. 59 of July 16, 1987 "Civil Code", which is worded as follows:

“SECOND SECTION

Exercise of civil legal capacity

ARTICLE 29.1. Every natural person has legal capacity to enjoy and exercise his rights, except for the exceptions established by law.

2. People with disabilities have the capacity to exercise on equal terms in all aspects of life. The ability to exercise can only be restricted by law.

3. Full capacity to exercise rights and perform legal acts is acquired with the age of majority, at the age of 18, or by marriage of the minor.

4. The underage person exercises her rights and performs legal acts through her legal representatives. However, the person who is of sufficient age and degree of maturity can exercise by itself the acts that are allowed by the legal system, among them those related to the exercise of the rights inherent to the personality.

5. The minor person has the right to be heard in any process or matter that concerns them, as well as to participate in decisions about their person.

6. Any minor person, with 12 years of age, can validly grant a will or any act of self-protection.

7. The law, however, may establish other ages to perform certain acts.

ARTICLE 30.1. Any person with a disability who requires reasonable accommodation or support to exercise their legal capacity may request or designate them according to their free choice.

2. Reasonable accommodations are the necessary and appropriate modifications and adaptations that do not impose a disproportionate or undue burden, when required in a particular case, to guarantee people with disabilities the enjoyment or exercise, on an equal basis with others, of their rights.

3. Support is understood to be those forms of assistance, freely chosen by a person to facilitate the exercise of their rights, including communication, understanding of legal acts and their consequences, and the manifestation and interpretation of the will of the person who receives it. requires. The support does not have powers of representation, except in cases where it is expressly established by the decision of the person in need or as provided by the competent court.

4. In order to interpret the will of the person whom he assists, the criteria of the best interpretation of the will, the life trajectory of the person, previous manifestations of will in similar contexts, the information available to people of confidence of the person to support, their preferences and any other relevant consideration for the specific case.

5. The person who designates their own supports by notarial public deed determines their form, identity, scope, duration, guidelines and amount of supports. Likewise, it may establish which persons such designation should not fall upon, as well as the moment or the circumstances in which the designation of support takes legal effect.

6. The person who has supports is responsible for his decisions, including those made with said support.

7. Safeguards are measures to ensure respect for the rights, will and preferences of the person receiving support, prevent abuse and undue influence by the person providing such support; as well as to avoid affecting or jeopardizing the rights of the people assisted.

8. The person requesting the support, in the notarial public deed in which they are designated, or the competent court, establishes the safeguards they deem appropriate for the specific case, for which they indicate at least the deadlines for the review of the support.

ARTICLE 31.1. In the absence of designation made before a notary, it is up to the court to designate the supports. This measure is justified, after having made the pertinent efforts to obtain a manifestation of the person's will, and after having been provided with accessibility measures and reasonable adjustments, and when the appointment of supports is necessary for the exercise and protection of their rights. .

2. For this, the competent court will take into account the relationship of coexistence, trust, friendship, care or kinship that exists between the person with a disability and the support. It also sets the term, scope and responsibilities. In all cases, you must carry out the pertinent steps to obtain the best possible interpretation of the will and preferences of the person, and attend to their life trajectory. People convicted of gender or family violence in any of its manifestations cannot be designated as support.

3. The sentence handed down by the competent court determines and specifies, according to the specific circumstances of each case, the acts that are limited, ensuring that the affectation of personal autonomy is as little as possible. Likewise, it designates one or more support persons and indicates the conditions of validity of the acts in which the support intervenes. Exceptionally, legal representation of the person with a disability can be arranged for intense support.

4. The judgment is registered in the Civil Status Registry where the birth registration entry of the person with a disability is kept.

ARTICLE 32.1. The representation of minors is determined in the manner regulated in the Family Code.

2. The provision of support, safeguards and reasonable adjustments is regulated, in addition to the rules contained in this Code, by those set forth in the Code of Procedures and in the notarial rules”.

SECOND: Article 33 of the Third Section "Absence and presumption of death" of Chapter I "Natural persons" of Title I "General Provisions" of Book I "Legal relationship" of Law No. 59 is amended of July 16, 1987 "Civil Code", which is worded as follows:

“ARTICLE 33 (…)

2. The person declared absent is represented by their spouse or domestic partner and, in their absence, by a child of legal age, father, grandfather, brother or related son or father, and if there are several relatives of the same degree and there are no agreement between them, by which, among them, the Court designates. Exceptionally, and when there are reasons that make it advisable, the Court may appoint persons other than those listed above."

THIRD: Article 50 of the Second Section "Form and interpretation" of Chapter III "Legal act", of Title IV "Causes of the legal relationship", of Book I "Legal relationship", of Law No. 59 of July 16, 1987 "Civil Code", which is worded as follows:

“ARTICLE 50.1. Express legal acts can be carried out orally, in writing or through any direct, manual, mechanical, digital means, through sign language or

An alternative means of communication, including the use of reasonable accommodations or supports required by the person.

2. Tacit legal acts are those in which the will is undoubtedly inferred, or conclusively, from an attitude or repeated behavior of the person.

FOURTH: Article 55.3 of the third section "Condition, term and manner" of Chapter II "Natural events", of Title IV "Causes of the legal relationship", of Book I "Legal relationship", of the Law No. 59 of July 16, 1987 "Civil Code", which is worded as follows:

“ARTICLE 55.3 Failure to comply with the method by the beneficiary makes him responsible for the damages caused for this reason, except as provided in sections 3 and 4 of article 376 of this Code regarding donations”.

FIFTH: Articles 67 b) and 68.2 of the Fifth Section "Ineffectiveness of legal acts" of Chapter III "Legal act", of Title IV "Causes of the legal relationship" of Book I "Legal relationship" are modified , of Law No. 59 of July 16, 1987 "Civil Code", which are worded as follows:

“ARTICLE 67. The legal acts carried out are null and void: (…)

b) by people who do not have discernment;

ARTICLE 68. (…)

2. People cannot exercise an action for annulment alleging lack of discernment of those with whom they performed a legal act.

SIXTH: Articles 90, 91 and 92 of the third section "Liability of natural persons" of Chapter IV "Illegal acts", of Title IV "Causes of the legal relationship" of Book I "Legal relationship" are modified , of Law No. 59 of July 16, 1987 "Civil Code", which are worded as follows:

“ARTICLE 90.1. Parents or guardians are responsible for damages caused by minors. In the case of people with disabilities who have exceptionally been appointed intense support with powers of legal representation, it will also be responsible for the damages caused by those.

2. However, the responsibility referred to in the previous section corresponds to the people who have been entrusted with the care of minors or people with disabilities because their parents or designated supporters are away from home, in compliance with internationalist missions or other tasks or duties.

ARTICLE 91. People who work in care establishments or for minors with conduct disorders, outside the national education system, are liable for damages caused by the people admitted therein.

ARTICLE 92. The responsibility referred to in the two previous articles does not arise if those who are in charge of said persons prove that the damage or loss occurred despite having acted with due diligence”.

SEVENTH: Article 123 of Chapter IV "Suspension of prescription" of Title VIII "Prescription of actions" of Book I "Legal relationship" of Law No. 59 of July 16, 1987 "Code Civil”, which is worded as follows:

“ARTICLE 123.1. The prescription term is suspended:

c) during the marriage, in relation to the rights of one of the spouses with respect to the other, in the case of an affective de facto union, as provided in the Family Code, while said union subsists, in relation to with the rights of one of the members with respect to the other;”

EIGHTH: Article 133 of Chapter I "General Provisions", of Title II "Right to property", of Book II "Right to property and other rights over goods" of Law No. 59 of July 16 is amended of 1987 "Civil Code", which is worded as follows:

“ARTICLE 133 (…)

2. Anyone who is affected in their personal integrity or in their assets by fulfilling the duty referred to in the previous section, has the right to compensation, and the same right has their spouse, affective domestic partner, relatives or people under their shelter, in case of his death."

NINTH: Article 254 of the Third Section "Creditor's default" of the Chapter "Compliance with obligations" of Title I "Obligations in general" of Book III "Law of obligations and contracts" of the Law is amended No. 59 of July 16, 1987 "Civil Code", which is worded as follows:

“ARTICLE 254. (…)

2. In addition, the consignment proceeds if:

a) The creditor is absent or deprived of discernment, at the time the payment must be made;”

TENTH: Article 376 of Title VI "Donation" of Book III "Law of obligations and contracts" of Law No. 59 of July 16, 1987 "Civil Code" is amended, which is drafted in the following way:

“ARTICLE 376.1. The donation can be made under condition.

2. The parties to the contract may agree not to dispose of or dispose of the donated property for a period not exceeding five years. In the case of real estate, said agreement is opposable to a third party from its registration.

3. The donation already consummated, can be revoked by the donor, due to non-compliance with the imposed mode, due to ingratitude of the donee, or because the donor has children.

4. The revocation for non-compliance with the mode imposed by the donor, does not harm third parties for whose benefit it was established. If the donee has transferred the encumbered assets to third parties with a mode, they must return them to the donor when the donation is revoked, if they have acted in bad faith, unless they execute the mode imposed on the donee, if the benefits in which it consists do not have very personal character The donee who disposes of the donated goods, or makes it impossible to return them for reasons attributable to them, must compensate the donor with the value of the things donated at the time the revocation is requested.

5. The donation can be revoked due to ingratitude of the donee when he has incurred in any of the circumstances provided for in article 469.1 of this Code.

6. The revocation of the donation is documented by notarial public deed and is effective against the grantee from its authentic notification.

ELEVENTH: Article 409 of Chapter IV “Extinction”, Title XI “Mandate”, of Book III “Law of obligations and contracts”, of Law No. 59 of July 16, 1987 “Civil Code” is amended , which is worded as follows:

“ARTICLE 409. In addition to the general causes of extinction of obligations, the mandate is extinguished by: (...)

c) designation of intense support with powers of representation to the person in a situation of disability, absence, disqualification or death of the principal or the agent;”

TWELFTH: Article 469 of Chapter II "Incapacity to inherit", of Title I "General Provisions", of Book IV "Inheritance Law", of Law No. 59 of July 16, 1987 "Code Civil”, which is worded as follows: “ARTICLE 469. 1. They are incapable of being heirs or legatees:

a) the perpetrators or accomplices of an intentional crime against the life, physical integrity, honor, sexual integrity, freedom or property of the deceased, their descendants, ascendants, spouse, or domestic partner, siblings and nephews, as well as other socio-affective relatives within the second degree of kinship;

b) those who have used deceit, fraud or violence to force the deceased to grant a testamentary disposition or to change or render null and void the one granted;

c) those who have denied food or attention to the cause of the succession;

d) those that have caused the state of physical or emotional abandonment of the person responsible for the succession, in the case of an elderly person or in a situation of disability;

e) the father or mother of the deceased who has been deprived of parental responsibility; and

f) those who have incurred in a situation of family violence or gender violence, in any of its manifestations, against the person responsible for the succession;

g) Children who, without justified cause, have prevented the person responsible for the succession as grandparents from exercising the right to communicate and interact with their grandchildren.

2. In all the assumptions stated, proof is enough that the person who has incurred in such circumstances is attributable to the harmful act, without the need for a criminal conviction.

3. The disability ceases by the express or tacit forgiveness of the deceased.

THIRTEENTH: Article 484 of the Second Section "Form of wills", of Chapter I "General Provisions", of Title II "Testamentary Succession", of Book IV "Law of Inheritance", of Law No. 59 of July 16, 1987 "Civil Code", which is worded as follows:

“ARTICLE 484. (…)

2. The testator himself expresses his will verbally or in writing. In the case of a person with a disability, if required to express will, it is done through their support or by granting reasonable adjustments. The notary drafts the will in accordance with what has been declared or written by the testator.

3. The notary verifies that the testator has the discernment to grant a will, and makes a record of it. In case of doubt, you can request an expert opinion.

FOURTEENTH: Article 493 of Chapter II "Specially protected heirs" of Title II "Specially protected heirs" of Book IV "Inheritance Law" of Law No. 59 of July 16, 1987 " Civil Code”, which is worded as follows:

“ARTICLE 493.1. The following are specially protected heirs, provided they are not able to work and are financially dependent on the deceased:

a) The children or their descendants in case of predeceasing those;

b) the surviving spouse or domestic partner; and

c) the ancestors.

2. If two or more specially protected heirs participate in the inheritance, they inherit in equal parts.

FIFTEENTH: Articles 510 and 511 of Chapter II "General Provisions", of Title III "Intestate Succession", of Book IV "Inheritance Law", of Law No. 59 of July 16, 1987 " Civil Code", which is worded as follows: TITLE III

INTESTEATE SUCCESSION

CHAPTER I

GENERAL PROVISIONS

“ARTICLE 510. The heirs called by law are the children and other descendants, the parents, the spouse, the other ascendants, the brothers and nephews and the uncles”.

“ARTICLE 511. 1. The closest relative in degree, within the same order, is called with preference to the most remote, except for the right of representation and the provisions on the right of the spouse, as well as unfit parents to work and who were financially dependent on the deceased.

2. If any of the heirs has acted as the deceased's family caregiver and has assumed all the necessary expenses in the economic order, their share in the inheritance is double that of the rest of the concurrent heirs.

3. If the person who has assumed family care belongs to a later call, he is entitled to a share equal to that of the heirs who, in accordance with the corresponding legal call, attend the succession of the deceased.

SIXTEENTH: Articles 514.2 of the first Section "Succession of children and other descendants", 516, of the Second Section, "Succession of the parents" 517, 518 and 519 of the Third Section "Succession of the spouse" are modified ”, 521 of the fifth Section “Succession of brothers and nephews”, all of Chapter III “Order to succeed”, of Title III “Intestate Succession”, of Book IV “Inheritance Law”, of Law No. 59 of 16 of July 1987 "Civil Code", which are worded as follows:

CHAPTER III

ORDER TO HAPPEN

FIRST SECTION

Succession of children and other descendants

“ARTICLE 514 (…)

2. The deceased's children inherit it by their own right. Among them, the inheritance is divided in equal parts without prejudice to the rights of the surviving spouse or domestic partner and of the parents who are not able to work and who were economically dependent on the deceased”.

"ARTICLE 516. The parents who are not able to work and who were financially dependent on the deceased, concur with the latter's descendants and the surviving spouse or common-law partner and inherit a portion equal to theirs."

THIRD SECTION

Succession of the surviving spouse or common-law partner

“ARTICLE 517. If the surviving spouse or domestic partner concurs to the inheritance with the descendants or parents of the deceased, they are entitled to a portion equal to that of the heirs with whom they concur.”

“ARTICLE 518.1. If there are no descendants or parents of the deceased, the entire inheritance corresponds to the spouse.

2. The rupture of the affective life project of the couple, married or in an affective de facto union, extinguishes the succession right between its members, even if the divorce has not been processed or the affective de facto union has not been legally dissolved. The proof of such a particular is the responsibility of the interested heirs.

3. The putative bona fide spouse, whose marriage has not been annulled, or the bona fide affective domestic partner of a putative union do not have the right to participate in the inheritance of the deceased, if they die married.

4. If upon the death of the person who becomes the cause, the spouse or registered affective partner, his succession rights have been extinguished due to the rupture of the life project referred to in section 2 of this article, his quota, as the case may be, is the same as those of the other heirs.

5. If the deceased is the member of the couple, whether married or in an affective de facto union, who has acted in bad faith, the other of them, if they have done so in good faith, is awarded all the assets that they share in common. they acquired. If both have acted in bad faith, the rules of co-ownership by quotas are applied, where appropriate.

“ARTICLE 519. If the marriage is extinguished by the death or by the judicial declaration of presumption of death of one of the spouses during the substantiation of the divorce process, in any instance, the succession right of the surviving spouse is extinguished ”.

FIVE SECTION

Succession of brothers, nephews and uncles

“ARTICLE 521.1. In the absence of the heirs included in the preceding sections, the brothers of the deceased inherit with the nephews representing their predeceased parents.

2. If there are no more than nephews, they inherit equally.

3. In the absence of brothers and nephews, uncles inherit equally.

SEVENTEENTH: The first and third and partially the second special provisions are repealed, regarding the rights and family duties of individuals, of the Civil Code, Law No. 59 of July 16, 1987.

EIGHTEENTH: The Family Code, Law No. 1289 of February 14, 1975, and any other legal or regulatory provision that opposes this Code, is repealed

NINETEENTH: This Code enters into force, once approved, from its publication in the Official Gazette of the Republic of Cuba.

Juan Esteban Lazo Hernandez

President of the National Assembly of Popular Power

Miguel Mario Diaz-Canel Bermudez

President of the Republic of Cuba

GLOSSARY

Accession: Way of acquiring the property that is attributed to the owner and allows him to make everything that remains attached to the ground his own, either naturally or artificially. Thus, the owner of the land becomes the owner of what sprouts naturally, or as a consequence of cultivation.

Record of notoriety: Notarial public document modality, in which the notary, based on the evidence provided, gives a judgment of legal qualification called notoriety, in which he declares before third parties the connotation of a certain fact. For example, that A and B maintain a stable, public, singular, notorious affective de facto union, giving certainty to that event from which legal effects are derived.

Act of administration: Legal act that involves the exercise of administrative powers, that is, enjoyment, obtaining income, etc., without reaching the alienation of the property or right.

Act of disposition: Legal act that implies the exercise of the right to dispose of an asset or right by its owner, either for consideration or free of charge.

Preferential allocations: Allocation of assets in favor of one of the members of the couple due to special circumstances that occur in that person, namely, situation of vulnerability, guardianship and unilateral care of minor children or the situation of disability of these, even when they are of legal age, or due to the professional merits of the person who links them to a certain asset.

Full adoption: It is one that is characterized by breaking the ties of kinship with the family of origin of the minor person, uniting not only the adopter and adoptee, but also with the relatives of that person; it is about establishing, through a legal fiction, ties similar to those of blood, between adopter and adoptee.

Adoption by integration: It is configured when the son or daughter of the spouse or affective domestic partner is adopted. In this case, it is not a question of a minor person who must be protected by looking for a family to care for him because he lacks one, but rather the recognition of the existence of the so-called blended or reconstituted families as a new family model, so it is not it is intended to exclude, extinguish or restrict ties, but rather to broaden them by integrating a person into the already existing family group of the NNA.

Simple adoption: It is one in which the relationship of kinship is only established between adopter and adoptee, without any link with the relatives of the person or persons who adopt him. The adoptee retains her original filiation and the rights derived from it.

Domestic trousseau: Personal effects, household utensils and movable property for private use. Excludes jewelry, artistic, historical objects and others of notable value.

Reasonable accommodations: These are the necessary and appropriate modifications and adaptations that do not impose a disproportionate or undue burden on the State, when required in a particular case, to guarantee people with disabilities the enjoyment or exercise, on equal terms with the others, for example, the curricular adjustment in their school of a child with intellectual disabilities.

Intense support: When the disability situation becomes so serious that it affects the will and discernment of the person, this type of support is appointed, which in any case must take into account the rights, life history and preferences of that. Intense support replaces the will of the person, having powers of representation.

Support: It is a measure that can be established by the person for a situation of disability, or additionally by the court, in order to facilitate, assist, and provide the exercise of their legal capacity. The support can be personal, technological, institutional, among others.

Ascendants and descendants: Relatives who ascend and descend each other, for example, parents and children. Parents are ascendants of children and children are descendants of parents.

Personal assistant: Person who carries out or helps to carry out the tasks of daily life to another person who, due to their situation, has difficulties to carry them out on their own, in order to promote their independent life, promoting and enhancing their personal autonomy . The personal assistant is, basically, the person who routinely helps another in all kinds of necessary functions so that whoever receives this help can develop their life.

Available family issues: These are issues that can be mediated, on which one can arrange, negotiate. Excluded from the possibility of agreement between the parties are those matters that, in accordance with the law, cannot be the subject of an agreement because they are outside the scope of the disputing parties, for example, filiation claims, those related to suspension and deprivation. of parental responsibility, marital status, and the waiver of the right to claim maintenance.

Judicial authorization: Authorization of the court, through a judicial resolution, with respect to a person so that he or she can validly carry out a certain legal act.

Collaterals: Relatives that do not descend or ascend reciprocally among themselves, but do come from the same person or common stock. For example, siblings have a father or mother in common, cousins ​​have their grandfathers or grandmothers in common.

Family co-responsibility: It is a duty whose joint fulfillment is the responsibility of the fathers or mothers or both of the personal care and protection of the patrimony of the sons and daughters. It refers to the responsibility shared between the people obliged to assume it.

Informal caregiver: Person not linked to a professionalized care service, generally from the closest environment of another sick, disabled or elderly person who cannot fend for himself and who assumes the task of care to carry out basic activities of daily life: cleanliness, food, mobility, dressing, administration of treatments or going to health services, among others. She is usually always available to meet her demands through a commitment of a certain permanence or duration and does not receive any financial compensation for the role she performs.

Professional caregivers: Person with the knowledge that they have acquired by reason of their studies or their profession or throughout their educational career, prepared for a job purpose, and who is hired with some working conditions, complies with working hours and is It can be adapted to the needs of the person to be cared for.

Reasonably founded decisions: Decisions taken by competent authorities to individualize the solution that best suits the times and circumstances of each family, also according to the social demands of the moment. Legal standard for the control of judicial or extrajudicial decisions of a family nature that force their content to be fair, valuable and free from political, social, cultural and personal prejudices. The reasonable postulates a reference model.

Judicial declaration of absence: It is a circumstance that affects the marital status of people when their whereabouts are unknown, without news of them after a period of time determined by law, as long as they cannot be found at home. In this way and for legal purposes, such a legal situation is declared by a competent court.

Judicial declaration of presumption of death: It is that legal situation, created by means of a judicial resolution issued by a competent court, by virtue of which a disappeared person is classified as deceased, the date from which the death of the person is considered to have occurred for certain effects to occur, including that of opening the hereditary succession.

Denunciation of guardianship: According to the doctrine, denunciation is the way to make the appeal of the person who will exercise the position of guardian: testamentary, by public or legal instrument. In the sense that the Family Code uses it, it alludes to its literal meaning seen as the duty to inform of the need for a child or adolescent to be appointed a guardian, so that the corresponding process can be promoted.

Delegate parental responsibility: It means allowing someone other than the father or mother to exercise the functions of the content of parental responsibility. It is transitory and exceptional in nature and is ordered by the competent Court.

Right to family life: It is respect for any form of family representation without having to base it on the relationships described in the Law, the powers of family communication in its widest scope, the right of children and people in any situation to develop their life in a family environment with preference over any form of institutionalization, the right to a peaceful life at home free of noise or other forms of environmental pollution, family and partner visits, the right to respect in the family space the preferences, individuality and privacy of each member, among other manifestations.

Right of subrogation: It is the right that a person has to occupy the place that another had in a legal relationship. For example, when a home is purchased that the previous owner had leased to another person, the buyer occupies the same place, that is, the condition of landlord that the person who served as the seller of the property had, since the constituted lease is respected.

Digital environment: Environment or place where the child or adolescent develops his life interconnected with social networks and other information technologies.

Filiation: Legal relationship of a family nature that is established as a result of procreation, adoption, or the will of the people in the cases of assisted human reproduction techniques, according to which the status of child or daughter and that of father or mother. In the case of the socio-affective relationship, the affiliation is determined by the competent court, when the requirements established for this purpose are met.

Fruit: They are accessory things to a main one. They can be natural, such as the production of the land or the offspring of animals, or commercial, such as that produced when a property is leased and income is obtained.

Gametes: Germ cells of either sex (eggs and sperm).

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