Parentesco Legal O Civil
On the other hand, the social elements that put in the first place the ties that result from the conjugal relationship or marriage. These are not determined by biology but by social commodities and are therefore referred to as bonds of affinity or alliance; Finally, other social ties may occur that overlap with previous ones and are generically referred to as artificial kinship. In the medieval case, because of their characteristics, they receive the qualification of spiritual kinship» Article 295. Civil kinship is that which results from simple adoption and exists only between the adopted child and the adopted child. Civil kinship is the relationship between adopted children and blood relatives of the adoptive parents, that is, it is the relationship that results from adoption. Article 296 Each generation forms a degree, and the series of degrees forms what is called the line of kinship. Article 47 of the Civil Code defines kinship by affinity as follows: kinship is that formed with the parents or parents of the spouse, with the person to whom one is married. Article 23: Affinity is the relationship that exists between a person who is or has been married and the parents by the blood of his husband or wife, or between one of the parents of a child and the parents by the blood of the other parent. For professionals who are interested in taking the legal path for protection and justice in the family, the best choice to continue their professional training is, without a doubt, the Master in Matrimonial Law. He is established among those who descend from the same common tribe (father, grandfather). Kinship by consanguinity is direct when persons descend from each other (parents and children), in accordance with the provisions of article 916 of the Civil Code. Upward and downward straight lines may be made in accordance with the provisions of Article 917 of the Civil Code.
Article 238 of the Civil Code announces the adoption. Adoption is a definitive measure of protection of the family, maintained essentially in good faith in favour of the adoptee, who assumes the rights and obligations of the legitimate child through a legal obligation. Determining the degree of kinship presents a certain difficulty, and for this, a few simple rules are followed to determine how far away a parent is, whether at one degree, two degrees or three. ARTICLE 50 If an auditor is called upon to act as an external auditor, tax auditor, auditor or arbitrator in accounting disputes, he or she will not accept such appointment if he or she has a relationship with either party to the fourth degree of consanguinity, the first civil degree, the second degree of affinity, or if there is an economic relationship, a close friendship or serious enmity. common interests or other circumstances that may affect the independence and objectivity of their concepts or actions. It should be borne in mind that Act No. 1098 of 2006 amended civil kinship as established in the Civil Code and that, consequently, the civil relationship of the adopter and the adoptee extends at all levels and degrees to blood relatives, adoptees or relatives of them. Article 64 Legal effects of adoption Adoption has the following effects: A position shared by legal writers and case law. Thus, the STS of 10 July 2013 warns in its fourteenth legal basis: «. The applicant is correct in stating that kinship is limited to the spouse with the parents by the blood of the other and does not extend to the blood relatives of one spouse with those of the other … 4. By adoption, the adopter ceases to belong to his family and all consanguinity ceases, subject to the impediment to marriage provided for in Article 140(9) of the Civil Code. Thus, kinship can be defined as the relationship between persons in the same family and, from a legal point of view, influences the nature of the relationship between different persons in a family in the perception of a benefit, inheritance, legitimacy and capacity to be a party to legal proceedings, the recovery of damages and other compensation.
in terms of work, etc. However, the wording of the code in the second part of section 237, which refers to how kinship is calculated by affinity, may cause some difficulty in understanding.