Evolución histórica de la autonomía de la voluntad en el Derecho matrimonial

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2021
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Abstract
The autonomy of the will or power of self-regulation of relationships derived from marriage is a subject that is on the rise and that we can qualify as novel. More and more couples are opting to proceed making use of this power to self-regulate both personal and property effects derived from their union or its future breakdown. In the Spanish legal system there is no precise and complete regulation of the subject, without all these figures being equally legislated, although all are admitted without any doubt by jurisprudence. In recent years there has been an evolution of Family law, traditionally very reluctant to give space to self-regulation. Our Constitution marks a turning point by changing the concept of family law maintained up to now and opening the door to the demands for flexibility of a society every time it tends to flee from the norms of ?jus cogens?.
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Rozalén Creus, Lucía. Evolución histórica de la autonomía de la voluntad en el Derecho matrimonial. En: Revista Boliviana de Derecho, 32 2021: 1090-1109