La constitución del patrimonio familiar voluntario autorizado por el notario público.

Abstract

This research paper aims to study a legal institution that is being used less and less in daily practice, due to several factors -including how complex it is to create it- because our current Civil Code provides that one of the mandatory requirements is to obtain an authorization from an appropriate judge, which leads some potential petitioners to eventually desist. There are several opposing opinions surrounding this issue -some defend their position arguing that a family property regime constitutes an obstacle, a limitation on the right to property, while others defend its usefulness and benefit since it pursues a social and moral purpose, because the property placed under a family property regime is protected from third parties and therefore guarantees and ensures the well-being of the household. The purpose of this research work is to introduce a proposal to facilitate the creation of family property regimes through an amendment to the Civil Code and the Notaries Public Act (Ley Notarial), granting Notaries Public power to authorize the creation of voluntary family property regimes by means of a notarial instrument, making the entire procedure to be carried out before a Notary Public only.