More importantly, states differed with regard to mutual consent: When Venenustiano Carranza became president in , several policies inspired by the Mexican revolution and enacted by Benito Juarez were revoked. In addition to the Plan of Guadalupe, Carranza expressed impatience regarding the lack of implementation of much-needed political and social reforms.
Once the marriage was dissolved, the former spouses could officially remarry.. One of Carranza's most innovative reforms was no-fault divorce. By adopting the Civil Code of 's model of mutually-agreed separation of bed and board, this reform permitted husband and wife to divorce on the basis of mutual consent. In effect, spouses were required to submit a divorce request accompanied by an agreement for support, custody and the division and administration of communal property. After submission of this request, both husband and wife had to attend two reconciliation sessions scheduled two weeks apart.
If reconciliation was not possible, a divorce agreement was submitted for review by a third party to ensure that the interests of spouses and children had been properly safeguarded. At that point, the marriage could be officially dissolved.. The introduction of vincular divorce became a signature reform of Carranza's presidency.
One scholar has argued that Carranza's embrace of liberal divorce laws was more of an appeasement of political allies who sought divorce from their own spouses than a true desire to emancipate women. Underlying the debate between liberals and conservatives lay genuine tensions regarding continued federal intervention in state civil law matters. By the time Carranza decreed the Law of Family Relations, which eliminated family law matters from the Civil Code of and introduced vincular divorce, questions about the law's constitutionality had already been raised.
To make matters worse, it had been promulgated without any prior discussion or public consultation.
- Análisis comparado de las leyes y prácticas de vigilancia en Latinoamérica;
- Love Cries, Love Dies?
- Subscribe to our newsletter.
- Wird der Mensch zum Architekten seines eigenen Untergangs?: Sollte sich die Soziologie stärker mit der Künstlichen Intelligenz beschäftigen? (German Edition)?
- Look and Feel Great the Smart Way.
Inspired by the foreign divorce trade market that had developed in the U. In addition, spouses were only required to attend the first hearing, allowing the case to continue by means of a power of attorney.. In , the state reformed its civil code by classifying mutually-agreed to divorce as an administrative procedure. That same year, the state of Campeche enacted a law that gave the governor authority to grant divorces to out-of-state petitioners after only a twenty-four hour residency period.
In , Yucatan enacted a reform that went beyond those of any other state. Reforms aimed at expediting the divorce process for foreigners made Yucatan a no-fault divorce pioneer and global contender for the foreign divorce trade market. Several Mexican and American newspapers were later enlisted to promote Yucatan's new divorce laws.
In February , the Yucatan governor circulated a memo to all Mexican consulates in the U. A major factor behind the downfall of Mexico's early 20 th century unilateral divorce laws was their reported link to corruption. In , when the New York Times reported the Mexican Supreme Court's decision to overturn state statutes, it mentioned a local ring that sold false divorce documents. The way in which some Mexican states exploit the issue of divorce is immoral, as they put economic interests over such a socially sensitive matter.
Recently the states of Chihuahua, Morelos, Yucatan and others have jumped into the fray, all competing to expedite divorce procedures. Cossio claimed that Mexico's unilateral divorce laws promoted economic development on the basis of immoral behavior and corruption, alleging that states sought profits not only from excessive taxes but also from the use of fraudulent documents, including phony residence certificates, and from publications or the dispersion of publications that resulted in an important part of state expenditures covered by income derived from impiety and corruption.
Another factor behind the undoing of Mexico's early 20 th century divorce laws was U. Mexico's abrupt shift from separation of bed and board to unilateral divorce was influenced not only by the Revolution but also by U. Geographic proximity to the U.
e-book CÓDIGO DE PROCEDIMIENTOS PENALES DE JALISCO (Spanish Edition)
Problems with American unilateral divorce laws, however, motivated courts to later invalidate these statutes. In sum, two federal statutes that undergirded the Supreme Court's rejection of unilateral divorce on due process grounds were also key factors in the demise of liberal state divorce laws: In effect, the creation of a federal-civil law sphere gave the federal government its own civil code by which to influence state divorce laws and regulate the civil law status of foreigners.
This disparity between state and federal civil law resulted in the abrogation of many liberal state divorce statutes on constitutional grounds.. The Mexican Supreme Court also began to holding the substantive crux of Carrillo's unilateral divorce laws, and its transplants, as unconstitutional. In , the court overturned divorce laws that were enacted in the state of Morelos without legislative approval.
In , the Court also held Campeche's divorce statute to be unconstitutional, as the powers granted to civil registry officials went against the constitutional division of power.. In one case involving abandonment, the codes of civil procedure of both Nuevo Leon and Coahuila granted jurisdiction on the basis of the abandoned spouse's domicile. The presiding court designated the previous husband's domicile as the defendant's residence, even when a husband argued that the matrimonial domicile had changed as a result of his move to another town.
The court, however, found that the wife had not acquired a new domicile and that the husband's prior domicile was legally valid. The resolving court also found that a conjugal domicile could not be confirmed by the certificates released by civil servants who did not document actual proof of domicile. Moreover, marital domicile was not modified by mere accidental and temporary hospitalization. However, when the cause for divorce was ill-treatment, the marital domicile was considered valid if it was the domicile of the defendant..
Despite attempts by states to align divorce law with the federal Constitution, the Supreme Court continued to find unilateral divorce unconstitutional. In response to rulings by the Court in , Yucatan amended its laws by withdrawing the most important elements of Carrillo's earlier statutes. While unilateral divorce was still permitted under the new reforms, it could no longer be granted without notification of the other partner. Foreigners were also required to reside in Yucatan for six months as opposed to thirty days before they could solicit divorce.
The Court reiterated and expanded on this opinion in , and , declaring that the statutes of both Yucatan and Morelos were unconstitutional and their divorce laws null and void because the process did not properly consider notification or counter-arguments made by the opposing spouse.. Although the new code did not formally legitimize concubinage unions, it established criteria by which women involved in these relationships could be granted inheritance rights.
Any claim of another concubinage relationship, however, would automatically nullify her cause of action. The new code also included criteria to help determine the concubine's inheritance rights with respect to the rights of blood relatives. These reforms were important because they legitimized informal conjugal unions once considered illicit under colonial law.
By granting cohabitant unions semi-civil law status, these reforms: There were also other significant disparities: In Yucatan, concubines were granted the same inheritance rights as those of wives.
5 - Dictatorship
Although the Civil Code of Hidalgo, similar to the CCDF-MCRMF , denied inheritance rights to partners when more than one concubine was involved, this restriction was relaxed when concubines had given birth to a child of the direct inheritor. In the state of Hidalgo, inheritance rights were granted to all concubines who had borne children.. In Tamaulipas, married and unmarried partners were treated as equals.
Likewise, the civil codes of both Oaxaca and Tamaulipas placed the burden on the state to provide economic support to minors and invalids in case of parental death resulting from a public sector work accident, even if this involved offspring of concubinage.. These changes made it the only state to equate marriage and cohabitation.. Although this case was non-binding, it influenced the types of legal venues available to concubines to enforce their marriage rights. It held that while the Constitution provided states with the power to legislate over the civil status of individuals and regulate how marriages are celebrated and registered, these rights were limited by Juarez's decree, whose provisions were binding on every state.
The principles established by Juarez included: VIII ; 3 civil marriage could only be dissolved by the death of one of the parties, but temporary separation non-vincular divorce was permissible under exceptional circumstances secc. IX ; 4 civil marriage could not take effect for individuals who were considered incapable of realizing the aims of marriage secc. According to the Court, legally-sanctioned marriage required that spouses declare their free intent before civil authorities.
Any state law that granted marriage rights without this requisite was considered unconstitutional.. This case did more than just reaffirm civil formalities. By framing the concubinage versus marriage debate within the context of the Reform Laws , the Court denied marriage rights for concubines in a way that both reinforced the separation of Church and State and asserted the federal government's jurisdiction over family law. With this case, the Court offered a glimpse of how it would address any state statute that equated concubinage with marriage; or any attempt to contravene the basic principles of federal law.
By placing a limit on concubinage rights in Mexican state civil codes, this case helped assure the second-rate status of concubines. It also sent a strong message to legislatures that while states had the power to regulate certain elements of matrimony, full validation required that they be celebrated pursuant to the Constitution. It also implied that any state code that tried to equate marriage with concubinage would be considered unconstitutional..
Limitations on the federal government's regulatory authority in family law matters in Mexico still remains in flux. To be sure, the pop-up Help Center could benefit from a self-contained navigation screen, as not everyone who uses GLIN will think to or, in the case of some Macintosh users, be able to right-click as a navigational strategy. Still, the Help Center is, for the most part, a very useful and, one presumes, highly under-utilized feature of this invaluable resource. To be sure, given the impeccable provenance of documents that GLIN makes accessible, a low-yield, high-precision result may be optimal.
The GLIN search thesaurus is also simultaneously helpful and confusing. That said, however, the Subject Term interface does allow for point-and-click selection of search terms, and the online thesaurus is very helpful, even to novice searchers, when choosing between controlled vocabulary terms.
The Subject Term thesaurus will refine search results from this database, which is helpful for the researcher whose query has returned too many sources, but not so helpful for the researcher whose query has returned too few sources. Unfortunately, both of these nations appear to be among those that limit access to the full text of their legal literature to GLIN subscribers.
Licensing and access issues may be the greatest limitation that GLIN faces, and while this database provides as much access as possible in the face of such limitations, GLIN would be a much more useful resource were LOC able to resolve these issues with the source nations. In general, GLIN is about as authoritative as an open-access legal database can be. Unlike other certain other open-access databases, the documents that GLIN stores are of impeccable provenance, due in large part to the editorial control exercised by the LOC attorneys and librarians who contribute to this project.
The front page is clear and well-designed, apparently allowing researchers to find information by jurisdiction, or by type or legal discipline. However, this site is rife with discrepancies between appearance and function.
Although Latin Laws promotes itself as a Latin-American law library, some the links offered herein leave much to be desired. As such, this page seems to become more of a directory than a database. To be sure, these examples merely indicate that, as noted above, the Latin Laws page is more of a portal or directory than a database. It is difficult to discern the extent and the quality of editorial function at Latin Laws, especially when so many of their documents are hosted outside of that particular domain.