Construcción de línea jurisprudencial de la corte suprema de justicia sobre la affectio societatis como requisito indispensable para decretar la sociedad de hecho entre concubinos

Abstract

Throughout the twentieth and twenty-first centuries, conflicts of an economic nature have arisen between members of the couples, which, without being united under the bond of marriage, create a heritage that is necessary to liquidate when the rupture of said life occurs in common, to This situation was referred to as a de facto partnership between concubines, noting that at the time the jurisprudence gave it a purely civil or commercial approach and not a family law approach. Thus, we are facing an unregulated figure, since the Legislator through Law 54 of 1990 regulated the figure of a patrimonial society among permanent partners, its patrimonial effects, therefore, it is necessary to mention how it will be seen, which has been the Supreme Court of Justice is the one who has molded the requirements for configuration of the de facto partnership between concubines. Therefore, given these conditions, it is that the legal problem arises to develop in the present jurisprudential line, considering that in concubinary relationships components such as affectivity, the need to cohabit, the simultaneous energy to contribute to livelihoods are present. of the couple, the domestic work of one or both concubines, and therefore, the question arises: for the purposes of the recognition of the de facto society among concubines, it is necessary that the affectio societatis arise with no regard to the emotional - sentimental bond that underlies the union extramarital?