Derecho de Familia Concept and Definition Family law is a set of legal norms related to public order and social interest that regulates the constitution, organization and dissolution of relationships between members of the family with the objective of protecting the overall development of them.
Sources 1.
Involved with the union of the sexes, like matrimony and concubinage.
2.
Involved with procreation (natural or assisted), like filiation and adoption.
3.
Involved with family institution in terms of assistance, like parental rights, guardanship and family patrimony.
Placement in the Legal Discipline's Field Traditionally, the regulation of family relationships has been placed in the civil law. In the XX century, Antonio Cicu proposes that family law should be classified into the public law, not on the private law. Family law share some characteristics with public law. 1.
Great intervention of public law in family relationships.
2.
The concept of function, from public law, characteristic of family relationships, in which rights are reciprocal and given to the fullfilment of legal duties.
3.
Rights, duties and obligations given and established through a legal norm to regulate family relationships are unavoidable and illimited.
Because family relationships are private, placement of family law inside private law is correct.
Autonomy For a part of law to acquire Independence needs to possess a)
Doctrine Independence: courses and treaties related to the subject.
b)
Legislative Independence: special norms to regulate it. (laws, codes)
c)
Judicial Independence: creation of own tribunals, special procedures and specialized judges exclusively dedicated to it.
In Mexico, there are tribunals and specialized judges to solve family matters, nevertheless, programs and law courses, its doctrines, regulation and legislation still form part of civil law. Family Jurisdiction is the practical authority granted to a formally constituted legal body to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. There are 3 characteristics that define a jurisdictional act 1.
Provoked by a citizen
2.
Originates a triangular relationship between the State and the parties in dispute. (Judge, complainant, and defendant)
3.
Destinated to solve a dispute.
The force and coaction of family law, is destinated to keep order and security of the familiar institution, when a dispute arises from its relationships that threatens the stability of its organization and functioning.