Book contents
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa The African Children’s Charter at 30: What Implications for Child and Family Law?
- Albania Domestic Violence Law in Albania
- Australia Taking Family Violence Seriously: Adjusting the Court Process to Improve Access to Justice
- Belgium Defederalisation of Youth Protection in Belgium
- Brazil The Regulation of Homeschooling in Brazil
- Canada Cross-Border and Retroactive Child Support
- China Marriage and Family Law in China in the Civil Code Era
- China The Adult Guardianship System in the Civil Code Era of China
- England and Wales Treatment for Children Suffering from Gender Dysphoria: A Polarised Debate
- France A Chronicle of French Family Law: 2020
- Hong Kong Desperately Seeking Legislative Reform
- Ireland The Impact of COVID-19 on Children’s Rights in Ireland
- Israel The Judicial Parental Order as a Means of Recognising Same-Sex Parenthood
- Italy New Rules for New Grandparents
- Japan Recent Family Law and Succession Law Reform in Japan
- Kenya Kenyan Kadhis’ Courts and their Application of the Islamic Law of Divorce and Distribution of Property at the Dissolution of Marriage
- Korea Allocation of Parental Authority after Divorce in Korean Family Law
- New Zealand How New Zealand Courts Approach Difficult Hague Convention Cases
- Norway The New Norwegian Inheritance Act
- Poland The Reform of the Civil Status Records Act in Poland and Discussion of Directions of its Amendments
- Puerto Rico A New Civil Code and the Revision of Family Law
- Serbia Legal Aspects and Challenges of Intentional Parenthood in Serbia
- Slovenia The Role of the Slovene Public Notary in Property Relations between Partners under the (New) Family Code
- Trinidad and Tobago The Reform of Child Justice in Trinidad and Tobago: From an Oxymoron to Child Justice Principles
- Index
Puerto Rico A New Civil Code and the Revision of Family Law
Published online by Cambridge University Press: 22 February 2022
- Frontmatter
- Preface
- Contents
- List of Contributors
- Africa The African Children’s Charter at 30: What Implications for Child and Family Law?
- Albania Domestic Violence Law in Albania
- Australia Taking Family Violence Seriously: Adjusting the Court Process to Improve Access to Justice
- Belgium Defederalisation of Youth Protection in Belgium
- Brazil The Regulation of Homeschooling in Brazil
- Canada Cross-Border and Retroactive Child Support
- China Marriage and Family Law in China in the Civil Code Era
- China The Adult Guardianship System in the Civil Code Era of China
- England and Wales Treatment for Children Suffering from Gender Dysphoria: A Polarised Debate
- France A Chronicle of French Family Law: 2020
- Hong Kong Desperately Seeking Legislative Reform
- Ireland The Impact of COVID-19 on Children’s Rights in Ireland
- Israel The Judicial Parental Order as a Means of Recognising Same-Sex Parenthood
- Italy New Rules for New Grandparents
- Japan Recent Family Law and Succession Law Reform in Japan
- Kenya Kenyan Kadhis’ Courts and their Application of the Islamic Law of Divorce and Distribution of Property at the Dissolution of Marriage
- Korea Allocation of Parental Authority after Divorce in Korean Family Law
- New Zealand How New Zealand Courts Approach Difficult Hague Convention Cases
- Norway The New Norwegian Inheritance Act
- Poland The Reform of the Civil Status Records Act in Poland and Discussion of Directions of its Amendments
- Puerto Rico A New Civil Code and the Revision of Family Law
- Serbia Legal Aspects and Challenges of Intentional Parenthood in Serbia
- Slovenia The Role of the Slovene Public Notary in Property Relations between Partners under the (New) Family Code
- Trinidad and Tobago The Reform of Child Justice in Trinidad and Tobago: From an Oxymoron to Child Justice Principles
- Index
Summary
Résumé
Ce chapitre comporte deux parties. La première s’intéresse au système légal de Porto Rico, un droit « hybride » ou « mixte » dans lequel coexistent à la fois le droit d’Europe continentale (droit civil) et le droit des États-Unis (droit commun). La signification de « droit mixte » est expliquée.
La seconde partie s’intéresse à la réforme du droit de la famille dans le Code civil de Porto Rico de 2020, en particulier les deux premiers livres relatifs aux personnes et à la famille. Elle présente les nouveautés les plus importantes et propose des critiques des changements effectués ou omis.
This chapter has two sections. The first section studies the legal system in Puerto Rico. The second is about the revision of family law, in the new Civil Code of 2020.
THE PUERTO RICO LEGAL SYSTEM
The Island of Puerto Rico was discovered in 1493 and, until 1898, was the property of the Spanish Crown. The Spanish Civil Code of 1888, approved on 24 July 1889, was extended to Puerto Rico on 31 July 1889. It entered into force on 1 January 1890.
As a result of the Spanish-American War, sovereignty over the island was ceded to the United States of America on 11 April 1899. Since then, Puerto Rico has been a colony of the United States of America. The Civil Code and some other laws of Spanish origin, particularly those of a private law, as opposed to public law, nature were left in force, and they have remained so, with modifications. Many laws of American origin (such as Constitutional Law, Criminal Code and Civil Procedure) have since been adopted, and are also in force in Puerto Rico.
Although the Civil Code embodies the institutions and traditions of the so-called Romano-Germanic system, precedent and stare decisis, as practised in the United States of America, are followed in its interpretation and construction. This ‘hybrid’ or ‘mixed’ system of law, combining elements of European origin with elements of American Common Law (mainly that of the USA), is a living laboratory for the study of comparative law in action, and not merely on paper.
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- Information
- International Survey of Family Law 2021 , pp. 407 - 418Publisher: IntersentiaPrint publication year: 2021