Abstract

The reform and unification of the Argentinean Civil and Commercial Code enacted in October 2014 joined the Argentine legal system systematized and autonomous regulation of «uniones convivenciales» –couple in fact– and its legal effects. The right to family life is not limited to the marital form, acquiring legal significance the non-marital families, specifically in the context of relationships between cohabitants. The new Civil Code has wisely taken the challenge of providing a comprehensive regulation, and thus develops a legal structure in which an appropriate balance between the autonomy of those who choose not to marry and the necessary protection is given to different types of family formation, and at the same time, differentiating the legal effects of both, marital and non-marital, family forms. All this, ensuring a minimum level of recognized rights, anchored in basic human rights of those who make a family group. Throughout this paper I will attempt to answer the two questions that are around this issue: Which are the reasons to legislate non-marital family relationships? And how to regulate the relations between cohabitants, without equate the legal effect of this type of union to the marriage?

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