Capitulaciones y rupturas de pareja en Colombia: una revisión de la autonomía privada y sus límites frente al desarrollo en España, Estados Unidos e Inglaterra

Abstract

An up-to-date analysis of the autonomy of the will in the field of prenuptial agreements and civil partnership agreements, against the background of a family public order in the light of the current constitutional principles, is proposed. The general limits of the autonomy of the will and the current state of their interpretation in legal systems such as the Spanish, Catalan, English and North American ones will be reviewed. The autonomy of the will within the couple in Colombia will be analyzed, especially as regards prenuptial agreements and civil partnership agreements, in order to weigh the differences between these two regimes and to propose pre-breakup agreements that may contribute to solve breakups and avoid judicialization through a regulation both of personal and proprietary issues, which would not in our view exceed the limits imposed by a contemporary interpretation of the law, the public order or bonos mores .