LEGAL TREATMENT OF SIMULTANEOUS RELATIONS UNDER THE PERSPECTIVE OF THE PRINCIPLES OF MONOGAMY, PRIVATE AUTONOMY, AND OBJECTIVE GOOD FAITH

Abstract

The general objective of this article is to analyze the legal treatment of simultaneous relationships from the perspective of the principles of monogamy, private autonomy, and objective good faith. It is, in terms of level, exploratory research; in terms of approach, qualitative research; and concerning data collection and analysis procedures, bibliographic and documentary research. Family law is guided by constitutional principles, such as the dignity of the human person, equality among children and between spouses and partners, and affections. The concept of family has changed due to transformations in society, evolving from being constituted by marriage to assuming other forms: stable union, single-parent family, same-sex family, blended family, multi-affective family, simultaneous. A simultaneous stable union can be established by a relationship arising from a marriage and another from a stable union; or by two stable unions. There are divergences in doctrine and jurisprudence regarding the recognition of this type of union. It can be concluded that this union may be recognized, considering the relativization of the principle of monogamy, private autonomy, and minimal state intervention in family relationships, as well as the principle of objective good faith, a principle that arises from trust in the behavior of the partner, to the extent that one partner believes that there is no matrimonial impediment. Therefore, ignoring these new family configurations is denying reality itself, and the lack of legal support for simultaneous families violates the principle of human dignity, which recognizes as a de facto society those who intend to form a family.