Regulation of the de facto family partnership: A latent need in the family legislation of Costa Rica

Abstract

Family legislation contemplates the figure of the regular de facto union for those couples who comply with a series of essential requirements to display the personal and patrimonial effects of marriage. However, it is imperative by law that the recognition be exercised wi- thin the two years following the rupture of the coexistence, because, if not, the action will expire. Likewise, for those relationships in which one of the parties is prevented from contracting marriage, it will be considered irregular, so, being an atypical figure, it will not be able to exercise judicial recognition. Given this, in protection of the constitutional principle of prompt justice, fulfilled, and without denial, the family jurisdiction has resorted to the analogy of the de facto partnership contemplated in the Civil Law, to recognize the de facto partnership of a family nature as a mitigation mechanism of the possible enrichment without cause that could be generated from the ineffectiveness of judicial recognition, however, as there is no express rule that regulates it, there is a divergence of criteria regarding its applicability.