Marriage between same sex Civil Code. Text. Modification. Name. Regime. Amendment
Article 1 - Amend paragraph 1 of Article 144 of the Civil Code, which reads as follows:
"1. Either spouse not separated or divorced person relational. "
Article 2 - is hereby replaced Article 172 of the Civil Code, which reads as follows:
"Art 172: It is essential for the existence of the marriage the full and free consent given personally by both parties before the competent authority to celebrate.
marriage have the same requirements and effects regardless of whether the parties are the same or different sex.
The act that is neither one of these requirements will not produce civil effects although the parties had acted in good faith, except as provided in the following article. "
Article 3 - is hereby replaced Article 188 of the Civil Code which reads as follows:
"Art 188 - The marriage must take place before the public official responsible for the Register of Civil Status and Capacity of Persons corresponding to the domicile of either of the parties in his office, in public, appearing the intending spouses in the presence of two witnesses and with the formalities Legal.
If any of the parties is prevented from attending, the marriage may take place at the home of a disabled or current residence, with four witnesses. In the act of marriage, the public officer to read future spouses Articles 198, 199 and 200 of this Code, receiving from each of them, one after the other, the statement that they want to become partners respectively, and act on behalf of the law that they are united in marriage.
The public official may not object to the spouses and then give their consent, do bless their union in the act by a minister of their faith. "
Article 4 - Replacing Article 206 of Civil Code, which reads as follows:
"Art 206 - Separated by a final sentence, each spouse may freely establish their domicile or residence. If I had children of both their dependents, the provisions relating to custody arrangements.
Children under five (5) years will be in charge of the mother, but serious causes that affect the interest of the child. In cases of marriages made by both spouses of the same sex, in the absence of agreement, the judge shall decide taking into account the interest of the child. The older, failing agreement between the spouses, are the responsibility of those to whom the judge deems appropriate. Parents continue to be subject to all charges and obligations to its children. "
Article 5 - Replacing Article 212 of the Civil Code, which reads as follows: "Art 212 - The spouse who did not cause personal separation, and that did not demand it in cases under articles 203 and 204, may revoke the donations made to the other spouse in matrimonial convention. "
Article 6 - hereby replaced paragraph 1 of Article 220 of the Civil Code, which reads as follows:
"1. When it is held to the impairment referred to in paragraph 5 of Article 166. The annulment may be claimed by spouse able and those who on their behalf could have opposed the marriage. Invalid may not be sought after the spouse or spouses have arrived at the legal age if they had continued cohabitation, or, whatever the age, if you have conceived. "
7 - Amend paragraph 1 of Article 264 of the Civil Code, which reads as follows:
"1. For children of the marriage, the spouses jointly, they are not separated or divorced or their marriage was annulled. It is presumed that the acts performed by one of them has with the consent of the other, except in cases provided for in section 264 c, or act of intimidation alters expressed opposition. "
Article 8 - Replacing Article 264 ter of the Civil Code which reads as follows:
"Art 264 b - In case of disagreement between the parents, either parent may appeal to the competent judge, who decides what is best for the interest of the child, the shorter procedure laid down by local law after hearing parents with intervention Department for Minors. The judge may, even ex officio, request any information it considers necessary, and hear the child, if he had enough trial and the circumstances so warrants. If they be repeated disagreements or any other causes concur severely impedes the exercise of parental authority, may give all or part of a parent or distribute to them their duties, by the time specified, which shall not exceed TWO (2) years. "
Section 9 - Replacing Article 272 of the Civil Code, which reads as follows:
" Art 272 - If either parent fails to fulfill this obligation, may be sued for providing food for her own child, if adult, assisted by a special guardian for any of the relatives, or children's ministry. "
Article 10 - Replacing Article 287 of the Civil Code, which reads as follows:
"Art 287 - Parents have the enjoyment of the property of their marital or extramarital children voluntarily recognized under their authority, with the exception of the following:
1. The acquired through his work, employment, profession or industry, even if they live at home with their parents.
2. The inherited by reason of the dishonesty or disinheritance of their parents.
3. Those obtained by inheritance, bequest or donation when the donor or testator had directed that the enjoyment for the child. "
11 - Replacing Article 291 of the Civil Code, which reads as follows:
"Art 291 - The legal usufruct charges parents are
1. Heavier especially beneficial owner, except to strengthen.
2. Living expenses and education of children, in proportion to the importance of the usufruct.
3. The payment of interest on capital maturing during the usufruct.
4. Medical expenses and burial of the child, such as burial and funeral of an heir who had set up by the child. "
Article 12 - Replacing Article 294 of the Civil Code, which reads as follows:
"Art 294 - The administration of the assets of the children will be carried out jointly by the parents when both are in the exercise of parental authority. The conservatory acts may be granted by either of the parents.
Parents may agree to designate one of them the property manager children, but in this case the administrator will need the consent of the other for all acts also require court approval. In case of serious or persistent disagreements over the administration of the property, either parent may ask the judge to appoint one administrator. "
13 - Replacing Article 296 of the Civil Code, which reads as follows:
"Art 296 - In the THREE (3) months following the death of a parent, the survivor must make legal inventory of the goods of marriage, and he determined the property corresponding to the children, on pain of not having the enjoyment of the property of minor children. "
14 - Replacing Article 307 of the Civil Code, which reads as follows:
"Art 307 - Either parent is deprived of parental authority:
1. Being condemned as an author, co-author, instigator or accomplice in a fraudulent crime against the person or property of any of their children, or co-author, instigator or accomplice in a crime committed by the child.
2. They desert by one of his sons, which has left, even when it is custody of, or be picked up by another parent or a third party.
3. Endangering the safety, physical or mental health or morals of the child, by ill-treatment, examples, flagrant misconduct or delinquency. "
Article 15 - Replacing Article 324 of the Civil Code, which will read as follows:
"Art 324 - When the custody of the child had been granted during the marriage and the legal period was completed after the death of one spouse, the adoption can be granted to the survivor and the adopted son what marriage is. "
Article 16 - Replacing Article 326 of the Civil Code, which reads as follows:
"Art 326 - The adopted child shall bear the surname of the adopter, or compound surname if they requested their aggregation.
If the adopters are the spouses of the opposite sex, at the request of the latter may bring the adopted surname of the adoptive parent compound or adding the first of this, the first of the adoptive mother. If the spouses are of the same sex, at the request of the latter may bring the adoptee's spouse compound surname which had the first name or add the first of this, the first of the other. If there is no agreement on what name will the adoptee, if it be made, or how you integrate, the names are sorted alphabetically.
In either case shall the adopted after eighteen (18) years to request this addition.
All children must bear the surname and the integration made it has been agreed for the first of the children.
If the adoptive parent or be a widow or widower and your spouse has not adopted the child, it takes the name of the first, unless there were valid reasons to impose the predeceased spouse. "
17 - Replacing Article 332 of the Civil Code, which reads as follows:
" Art 332 - Simple adoption requires that adopted the surname of the adopter, but this one may add your own from the age of eighteen.
adopter The surviving spouse may request the imposition of the adopted child the surname of their spouse predeceased whether good cause. "
Article 18 - Replacing Article 354 of the Civil Code, which reads as follows form:
"Art 354 - The first line of the ascending side in the first degree, ie each of the parents of the person concerned, and includes his brothers and sisters and their posterity. "
Article 19 - Replacing Article 355 of the Civil Code, which reads as follows:
"Art 355 - The second part of the ascendants in the second degree, ie each of the grandparents of the person concerned, and includes the uncle, cousin, and so others. "
Art 20 - Replacing Article 356 of the Civil Code, which will read as follows:
"Art 356 - The third line of the ascending side of the third degree, ie each of the grandparents of the person concerned, and includes their descendants. In the same way we proceed to establish the other side lines, starting from the most remote ancestors. "
Article 21 - Replacing Article 360 \u200b\u200bof the Civil Code, which reads as follows:
"Art 360 - The brothers are distinguished bilateral and unilateral. Bilateral are brothers who come from the same parents. Unilateral brothers are those from the same ascendancy in the first degree, differing in the other. "
22 - Replacing Article 476 of the Civil Code, which reads as follows:
" Art 476 - The spouse is the legitimate and necessary guardian of her consort, declared unfit. "
23 - Replacing Article 478 of the Civil Code, which reads as follows:
" Art 478 - Either parent is guardian of her children married, divorced or widowed with no adult children, who can play the conservatorship. "
Article 24 - is hereby replaced paragraph 3 of Article 1217, which reads as follows:
"3. Donations doeth a future spouse to the other. "
Article 25 - is hereby replaced by paragraph 2 of Article 1,275, which reads as follows:
" 2. Repairs and maintenance in good state of the separate property of either spouse. "
26 - Replacing Article 1,299, which reads as follows:
" Art 1299 - decreed the separation of property, Conjugal society is extinguished. Each of the members of the same will receive their own, and that marital belong to them, settled society. "
27 - Replacing Article 1,300, which reads as follows:
"Art 1300 - During the separation, each spouse must contribute to their own maintenance, and food and education of children, in proportion to their assets. "
28 - Replacing Article 1301, which reads as follows:
"Art 1301 - After the separation of property, the spouses do not have any part in it that henceforth he shall gain the other spouse. "
29 - Replacing Article 1315, which reads as follows:
"Art 1315 - The marital conjugal society is divided in equal parts between the spouses, or their heirs, without regard to equity of the spouses, and although some of them would not have led society any good. "
Article 30 - Replacing Article 1358 Civil Code, which reads as follows:
"Art 1358 - The sales contract can not take place between spouses, even if there were judicial separation of property from them. "
31 - hereby replaced by paragraph 2 of Article 1807 of the Civil Code which reads as follows form:
"2. The spouse, without the consent of the other, or additional approval of the judge, the real estate of marriage. "
32 - Replacing Article 2560 Civil Code, which reads as follows:
"Art 2560 - Treasure found by one spouse on the other site, or the share of the owner of the treasure found by a third estate of a spouse, up to both as Dower. "
Section 33 - Replacing Article 3292 Civil Code, which reads as follows:
"Art 3292 - It is likewise unworthy to happen, the heir of full age who is cognizant of the violent death of the author of the succession and that no complaint to the judges at the end of a month when on it had not officially acted. Whether the killers were parents or children, spouses or siblings of the heir, will cease there the obligation to report. "
34 - Replacing Article 3969 Civil Code, which reads as follows:
" Art 3969 - The prescription does not run between spouses, even though they are separate property, and although they are divorced from authority. "
35 - Replacing Article 3970 Civil Code, which reads as follows:
"Art 3970 - Prescription is also suspended during the marriage, when the action of one spouse has to fall back against the other, either by a warranty action, either because it expusiere to lawsuits, or to satisfy damages. "
Article 36 - is hereby replaced paragraph c) of Article 36 of Law 26,413, which reads as follows:
"c) The name and surname of the father and mother or, in the case of children of marriages between same sex, name and surname of the mother and her spouse, and type and the respective number of identity documents. If you lack a latter shall record age, nationality, circumstance to be credited with the declaration of TWO (2) witnesses of knowledge, properly identified who will sign the minutes, "
Article 37 - Replacing Article 4 of Law 18,248, which reads as follows:
" Art 4 - The children of the marriage of opposite-sex spouses bear the surname of the father. At the request of the parents can register the compound surname of the father or the mother added. If the interested party wishes to bring the compound surname of the father or the mother, may apply to the Civil Status Registry from eighteen (18) years. The children of the marriage of same-sex spouses bear the surname of one of them. A request they can register the name of the spouse compound which had the first name or add the other spouse. If no agreement on what name will the adoptee, if it is to be made, or how you integrate, the names are sorted alphabetically. If the applicant wishes to take the name of the spouse compound which had the first name, or the other spouse may apply to the Civil Status Registry from eighteen (18) years.
Once added the last name can not be deleted.
All children must bear the surname and the integration made it has been agreed for the first of the children. "
Article 38 - Replacing Article 8 of Law 18,248, which reads as follows:
" Art 8 - It will be optional for women married to a man added to his surname of the husband, preceded by the preposition "from."
In case of marriage between same sex shall be optional for each spouse to add to your spouse's name, preceded by the preposition "of". "
39 - Section 9 is hereby replaced Law 18,248, which reads as follows:
"Art 9 - decreed the separation, shall be optional for women married to a man to take her husband's surname.
Should there be serious reasons judges at the request of her husband, the woman may prohibit the use of the name separated from their husbands. If the woman had chosen to use it, the divorce decree will lose that right, unless otherwise agreed or by the exercise of their industry, trade or profession was known by him and sought to keep their activities.
decreed the separation, shall be optional for each spouse of a marriage between same sex bear the surname other.
When there are grounds, the judge, at the request of either spouse, may prohibit the use of a separate marital surname. If the spouse has chosen to use it, the divorce decree will lose that right, unless otherwise agreed or by the exercise of their industry, trade or profession was known or sought by it and preserve it for its activities. "
Article 40 - Replacing Article 10 of Law 18,248, which reads as follows:
"Art 10 - The widow or widower is entitled or to require before the Civil Status Registry abolition of marital surname.
remarriage, lose the name of her former spouse. "
Article 41 - Replacing Article 12 of Law 18,248, which reads as follows:
Art . 12 - Adopted children take the surname of the adopter, may request of it, added the source. The adoptee may request their addition to the Civil Status Registry from eighteen (18) years. If
act of intimidation alters subsequent recognition of parents with blood, apply the same rule.
When adopters was the spouse, shall govern the provisions of article 4.
In the case of a woman married to a man whose husband does not adopt the child, take the maiden name of the adopter, unless expressly authorizes the spouse to impose their surname.
In the case of a woman or a man married to a same sex whose spouse does not adopt the child, take the maiden name or the adopter, unless expressly authorizes the spouse to impose his surname .
When the adopter be a widow or widower, the lead taken her maiden name or, unless justifiable reasons exist to impose married / o.
additional clause "
Section 42 - Implementation. All references to the institution of marriage contained in our legal system shall be applicable to both marriage consists of two persons of the same sex as to consist of two persons of opposite sex.
Members of families whose origin is a marriage consists of two persons of the same sex as well as a couple consisting of two persons of opposite sex, have the same rights and obligations. None
Argentine legal rule may be interpreted or applied so as to limit, restrict, exclude or suppress the exercise or enjoyment of the rights and obligations of both marriage consists of the same sex as the two-person of the opposite sex.
Article 43 - By.
reception. 
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