Marriage, concubination and alimentary pension in light of direct protection under review 3727/2018

Abstract

This article analyzes in a general way two of the main legal institutions of family law, marriage and concubinage, as well as the rights and obligations to which they give rise. The foregoing, in light of the resolution of Direct Amparo in Review 3727/2018 issued by the First Chamber of the Supreme Court of Justice of the Nation, which declared part of article 65 of the Family Code for the State of Morelos unconstitutional, which established as a requirement for the existence of concubinage that both concubines were free of marriage. For the development of this work, we started from a dogmatic and documentary type of investigation, especially to review the judicial process that the plaintiff-plaintiff followed from the local ordinary justice until reaching the Court, that is, with said analysis it is intended to understand in a simple way, how was the process to move from a local legislative status of de facto relationships or concubinage to a constitutional status after the new criteria of the Court.