Análisis jurisprudencial del derecho a la porción conyugal, los alimentos y la vocación hereditaria para los compañeros permanentes y parejas del mismo sexo

Abstract

The conjugal portion is a fraction of the estate of the deceased that the norms fix to the surviving spouse who does not possess what is necessary for their congrua subsistence. Being clear that the conjugal portion does not have the property, inheritance, donation or legacy, but corresponds to income or property belonging to the estate of the dead spouse that by law must be transferred to the surviving spouse to ensure their survival. In relation to the nature of the food obligation, the Constitutional Court has stated that the food obligation is an economic benefit of a civil nature that, by virtue of the principle of solidarity that governs relations between individuals, is between two natural persons. Regarding the hereditary vocation of the surviving companion in de facto unions made up of heterosexuals and same-sex couples, the Constitutional Court has stated that although the bond originated in the marriage and the one that arises from the marital union in fact are not equal , has also recognized that there is no constitutionally worthy reason that prevents extended to permanent partners certain rights or certain guarantees or obligations previously recognized by the legislator to the couple united through the marriage bond. Likewise, the Constitutional Court has provided protection to same-sex couples and has done so primarily on the basis of the rights, guarantees and obligations previously recognized by heterosexual couples who live together in a de facto union.