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Family Code: Protection of matrimonial rights (+ Audio)
2021-11-20 09:26:38 / web.radiorebelde@icrt.cu / Isel Quintana Freyre
You saw what happened! -It tells me a neighbor who comes out to the balcony just at the moment when I am hanging the smallest clothes. Due to the motivation of his exclamation, I decide to approach and ask, to give him the forced foot he needed.
Between gossip and comments from the neighborhood, she summarizes that a neighbor of hers after having been married for years with her husband, he died suddenly of a heart attack and that her only son, not from the relationship, could not arrive on time.
The mystery, the plot of the story continued to the turning point where it concludes with an offensive phrase against the son of the deceased. And the fact is that the young man, a resident abroad for years, decided to sell his father’s house and leave his wife on the street.
Of course I was amazed at the news that seemed very crazy and I decided to hurry so as not to lose the rhythm of my home chores. The story in the end may seem like a fiction, but to my ears it is not the first time that similar stories have come from spouses who have been left without legal support due to the death of their partner and are evicted from their homes.
My intention as a journalist is not to make a person’s story public, but to show, make visible and generate debate about an event that has been happening in our society for years.
This event happens in all types of love relationships, heterosexual, homosexual and otherwise. The human factor in these cases does not establish distinctions of any kind, only patrimonial interest. The violation of economic rights in marital relations is contemplated in version 23 of the Family Code.
It is a text that enhances the freedom of the spouses to act in accordance with their life project, by allowing them to decide the content of the patrimonial relationships that they decide to establish. Likewise, the couple can, in the presence of a notary, establish in marriage agreements what is the economic regime that they have decided to establish in their married life.
The possibility of agreeing on the economic regime of marriage is a conquest that is intended to be achieved, if this project already presented in the National Assembly of People’s Power is approved, which will benefit all couples and families without distinction of their sexual orientation.
Dr. Ana María Álvarez-Tabío Albo, specialist in civil and family patrimonial law, tenured professor at the Law School of the University of Havana, refers that the fundamental merit of this preliminary draft is that it grants all people the rights derived from legal-family relationships, all rights related to the family environment.
“All people without distinction of sex or religion, or skin color, or sexual orientation, or gender identity, among many other circumstances expressly mentioned in our Constitution of the Republic, can obtain benefits that their position before the family grants him.
“This means that today same-sex couples, according to current legislation, unless they go to a will, they have no possibility of leaving their assets for the benefit of the person who shared 10, 15, 20 years and more their affective erotic life . So, the draft tells us that this right, which until now has been exclusively enjoyed by heterosexual couples, is extended to all people. And the Code makes no distinction.
In the matrimonial sphere, once that union is dissolved for whatever reason, that bond that could be through marriage or through an affective de facto union, will have the same right as the rest of the people. It will settle the matrimonial property communiqué, they may agree on economic regimes according to their interests and in the event of death they may inherit the person who was their spouse or their affective partner.
Ana María Álvarez-Tabío Albo, also a tenured professor at the Faculty of Law of the University of Havana, warned about the importance of knowing that this code does not restrict the right of anyone. The rights that people had today are not restricted or eliminated, what is done is adding rights to people who have historically been prevented from accessing them, to people who are denied access to these rights and this is elementary justice for all human beings.
“I hope that it is understood in this sense and that beyond our personal criteria, our ideology and our faith we can look, with all a humanistic sense. the right that we all have to enjoy the same possibilities and consequences derived from family relationships.
