La sociedad conyugal para los matrimonios de colombianos celebrados en el extranjero y residentes actualmente en Colombia

Abstract

The conjugal society is born in Colombia by the mere fact of marriage, is regulated in the first paragraph of Article 180 of the Civil Code, which stipulates that the spouses contract this estate with the pure marriage contract, in its second paragraph makes a presumption of separation of goods for those who marry in a foreign country and their residence is in Colombia, that is why in this article we will find different contributions that protect Colombians who marry abroad, which are not unknown the extraterritoriality of the law and subject to Colombian residents or domiciled in a foreign country what is provided by the Civil Code and national legal provisions in relation to obligations and civil rights, in the development of this investigation we will find the legal route to follow in conjunction with international standards that allow access to this right, as disputed this by the Constitutional Court in the Sentence 395 of 1992 that establishes that the presumption of separation of property is applicable for the marriages of foreigners domiciled in Colombia and separates them from the marriages of Colombians celebrated abroad to which they are due apply as a general rule the Colombian civil law.