Legal recognition of a community of property in one-year cohabitation

Ramírez-Palomeque J.A.; Rodríguez-Vega M.A.; Revolledo Olivos M.P. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.14567329

Resumen

Considering these times in which this social reality presents many changes in attention to the different aspects immersed in the family, well, the latter is essentially the fundamental basis of society, this situation concerning economic, social and above all legal aspects. Thus, if we take into account the aforementioned aspects, we can see couples who show us that once cohabitation has begun in a hasty and excessive manner, they acquire movable or immovable property either individually or jointly, registering it in turn in the name of one of the cohabitants according to the circumstantial aspect. However, the discrepancy is found in those cohabitants (Man and woman), whether proper or improper, who due to circumstances of fate do not manage to complete those two years of cohabitation required by article 326° of the Peruvian Civil Code, leaving a gap in terms of the configuration of the determined Community of property that is subject to the regime of the community of gains, thus demonstrating the urgent need for said situation. From this point of view that we have just raised lines Ut Supra, a total lack of legal protection is generated for the assets that were acquired by those cohabitants who did not manage to exceed the period of one year and in turn a loss in the economic aspect of each of the cohabitants taking into consideration a greater or lesser contribution that they have assigned, that is why through this investigation what is intended is to establish the period of one year so that a strictly legal recognition of that community of property subject to the regime of community property is generated in essence as far as it is applicable to it in such a way that a joint patrimony can be referenced in those cohabitations of more than one year can be liquidated later, generating in this way legal certainty and above all protection of everything acquired for both the cohabitant and the cohabitant.

Instituciones: Universidad César Vallejo