CONSECUENCIAS JURÍDICAS DE LA INEXISTENCIA, IMPRECISIÓN U OMISIÓN DE LAS CAPITULACIONES MATRIMONIALES

Abstract

Marital contracts are economic contracts through which the grantors choose and define the patrimonial administration system of the marriage. This paper emphasizes the economic impact of divorce, showing the need consider marital contracts, due to their legal, economic and social importance. Currently, this figure becomes a protection mechanism for the spouses with respect to their assets, debts and problems they face against third parties. Divorce has severe effects that can lead to economic disasters. Therefore, the relevance and functionality of granting marital contracts should be emphasized, allowing the grantors to formulate their own rules to adapt to their social and economic realities in order to manage their patrimony. However, due to the lack of knowledge that couples have, they do not consider the celebration of marital contracts and therefore, we will analyze the various disadvantages of the imprecision and absence of the same.