Implementation of jurisprudential precedence ordered by the Supreme Court of Justice in regards to Marital Status in common law marriage Aplicación de la doctrina probable de la Corte Suprema de Justicia sobre el Estado Civil en la Unión Marital de Hecho

Abstract

The “Implementation of a jurisprudential precedence ordered by the Supreme Court of Justice in regards to Marital Status in common law marriage” is an answer to the concerns about the legislative gap that constitutes marital status as an attribute of a family. As the civil registration notaries' purview, it is appropriate to resolve the question: Do the notaries apply
the doctrine and judicial precedent that recognizes the marital status of permanent companions due to the declaration of common law marriage?.
For meeting the goal of the investigation, using as primary sources a sample taken from the notarial circle of Medellin. The fieldwork was collected using a self-administrated questionnaire, and interpreted through qualitative and quantitative variables. Furthermore, doctrine, jurisprudence and law were used as secondary sources. This allowed for the illustration
of legal figures that comprised the subject of research.
The analysis establishes that there is not a legislative gap because most of the respondent officials apply the judicial precedent of the Court, and they consider the registration of common law marriage as evidence enough for the status of permanent companion.