Disputación sobre el fundamento y el alcance del derecho a contraer matrimonio
Autor: Lorenzo Peña ,
Número de Páginas: 80
This book ensues from the debate raised by a previous article, «The right to wedded life in contemporary society», 2010, included as a chapter of the Doctoral Dissertation on Juridical Science, «Idea Iuris Logica», 2015, which was a compilation Thesis, whose concluding section was a set of 48 propositions, five of which were given over to the right to marry, viz.: (1) it is one of the most essential human rights; (2) it is partly a freedom right but also a welfare right; (3) as an associative right it implies the power not just to start a joint life but also to remain therein and not to be forcibly ousted without due reason; (4) a suitable legal implementation calls for the existence of several cohabitation contracts or covenants of different degrees of mutual commitment and duration, with the possibility of a life-long or perpetual bond for those who choose it; and (5) the current lgislation both in Spain and elsewhere is quite unsatisfactory. Those propositions aroused a heated controversy, ten main objections being levelled at my claims. They broach such issues as same-sex marriage, the clash between an undisturbed wedded life and the rights of children, the purportedly...