POLYAMOR: ANALYSIS OF THE PRINCIPLES, RIGHTS AND DUTIES IN THE LIGHT OF FAMILY LAW

Abstract

The present work deals with polyaffective unions and the legal consequences generated in the establishment of this union. These are supported by the constitutional principles and family law brought by the 1988 Constitution, which are used as foundations to validate the possibility of their existence, since this new form of coexistence presents different aspects from the standardized ones, however, none that prevents it from to obtain its validation as a family entity, since, according to the principle of the plurality of families that was implicit in article 226 of the Constitution, the possibility was created for different arrangements to be formed under the argument that the main element of family structure is the affectivity. Therefore, the objective is to analyze the possibility of the legal existence of polyaffective unions based on family law and constitutional principles regarding the rights and duties generated in the face of the constitution of a family nucleus based on affection. The method used in the research was the bibliographical one with a deductive approach through a structuralist procedure that allowed to search for information about the problem, obtaining the expected results regarding the lack of recognition of plural links in the face of conflicts or situations that require support from the individuals involved, as , there are already some decisions that recognize the existence of these plural families based on affection and need to be equated with those provided for in the Magna Carta, however, the main obstacles are the lack of legal provisions and conservatism that ignore the individuals and the effects that exist within the relationship .