PATRIMONIAL REGIME OF MARRIAGE IN MEXICAN INTERSTATE LAW

Abstract

The author offers a study of the interstate normativity related with the regime of marital assets, based on the argument that the federal government has the faculties to legislate, but only in specific areas in which the Family Law does not precisely fall in, including its organization, of the authorities that participate with same, the organization of the Family courts is also not within this boundaries, as it is not to prescribe statements about the procedure for family litigation, nor is it too issued laws that harmonize the interstate problems, except in the hypothesis foreseen in Article 121 of the Constitution, which from its perspective, does not cover the regulation over the regime of marital partnership. In this essay, the diverse positions of the judicial courts about this subject are explained. First, an analysis of the normative assumptions not included in Article 121 of the Constitution, and of the assumption of interstate judicial traffic is made, to move forward to the main subject of the marital economic regime, the competent State to know about the marital economic regime, the qualification of the economic regime and the judicial order designed to regulate the marital assets. Lastly, a comparison between the decisions of the asset regime agreed in other state and the annulment of the marital agreement.