Importance Of The Autonomy Of Family Law

Importance of the autonomy of family law

Introduction

Currently within the rule of law there is a controversy regarding the autonomy of family law, seeking to separate civil law. Although today our legislation contemplates them as a set, we have to accept that in their independent study we find marked differences that distinguish them from each other. So how can it be determined that a legal science is declared autonomous and under what criteria we can deny or support that autonomy. We can define civil law as that set of norms that will regulate the patrimonial relations between individuals call, successions, contracts, obligations, means that civil law focuses on the patrimonial aspect, the obligations and rights that originate. 

Developing

Family law can be defined as the set of norms that govern the constitution, organization and dissolution of the family as a group, both in the personal and patrimonial aspect. Thus having the function of serving as tutor in issues related to the family (marriage, divorce, food pension, parental authority, etc.) With the above it can be noted that family law focuses on the personal relationship of family members taking into account their status and condition. While civil law manages resolutions aimed at regulating everything related to heritage. So how can we determine that a legal science is declared as autonomous? 

In order for a legal science to receive autonomy, it needs to be extensive enough and worthy of a convenient and particular study;that its doctrine is uniform, where the common general concept predominates and that it differs from the informative concept of the other discipline, in addition to having its own research methods.

When we hear about family law as the main issue, we have the idea that it is already an autonomous branch of civil law. However, legal regulations regarding family relations are within the regulations of civil law, although somehow their autonomy has been recognized. Therefore, it is important to be able to justify the need to make a separation considering the importance that this has for the study of law. 

The fact of obtaining autonomy will force jurists to establish their own principles, adapting to the principles enshrined in other matters that contain high social content, sharing some characteristics, and innovating the construction of particular principles. Here the idea is to demarcate as much as possible to the family law of other branches of study, so it will be projected to a greater field of study. Remembering that knowledge is built based on research, this causes the object of study to become independent. All this entails a great benefit and gives us an ideological livelihood that later caused a significance.

Not only in the field of judicial interpretation, but also in the normative design, something essential in the construction of a consolidated autonomy. When focusing family law as an object of autonomous study, it implies that the controversy is developed at an international level, as is the case of conventions analysis that have addressed aspects of a family nature and in the organization of American States, the United Nations or fromThe Hague Conference, which begins to express an approach not only of principles, but also of specific processes, some that develop from a justice that exceeds the limits of a nation, such as the cases of international subtraction of minorso International adoption cases.

As well as respect for the recognition and execution of judicial and administrative decisions and the development of principles and processes that although they do not have the characteristics of the previous examples, if they are constituted in guidelines that must be adopted by the internal laws of each State. We can then say that this international construction has two points of view, one of them is aimed at creating international family justice mechanisms, and another is oriented to develop family principles and procedures that must be adopted by the internal laws of each State, it is consideredthat this mentioned development already has an international family procedural proposal.

conclusion

If this is an independent or not part of the development of an internal autonomous procedural law, or if one is part of the other. Analyzing this issue, by comparing justification and proposal we can find similarity, since its purposes are very similar, but we also find substantial differences and given the particular characteristics that derive from the multilateral relationship between states, where international cooperationIt has a fundamental space, as well as the sovereignty and self-determination of peoples, so that despite the close existing relationship, a separation between family law and civil law is proposed, a proposal that is still open for its discussion.