THE UNCONSTITUTIONALITY OF THE IMPOSITION OF THE REGIME OF SEPARATION OF PROPERTY TO PEOPLE OVER 70 YEARS OLD

Abstract

Marriage is an institution that has all the rules already in place, that is, the rights and obligations are preestablished  and, due to the unconditionality that characterizes marriage,  the spouses cannot change these rules before getting married. One of the few matters that the law allows the will of the bride and groom to prevail in marriage is the patrimonial right in the marriage. However, there are situations that the law prohibits this choice and, one of them is the marriage of people older than 70. In this situation people must marry by the system of compulsory separation of assets We now analyze this intervention at the will of the elderly.