Unión de hecho y el derecho de herencia

Abstract

Law 30007 of April 16, 2013 promulgated on April 17, 2013, granted inheritance rights to cohabitants. This law has captured the interest of the general public since it deals with an issue that affects a high percentage of the Peruvian population, who have founded family not on the basis of marriage, but rather by living together, sharing a table, bed, and roof, assuming family responsibilities inherent to a marriage but have not legally formalized their union. This Law 30007 puts succession matters awarded to the couple cohabiting at par with those of married couples. It does no called partners cohabitants, even when they actually are so, but instead calls this union a domestic partnership. Nevertheless, for these domestic partnerships to enjoy this benefit, couples must meet the legal requirements set out in Article 326 of the Civil Code. Consequently, this Act 30007 covers heterosexual domestic partnerships, (this requirement is established in the Constitution) with a common, ongoing, stable life, uninterrupted for 2 or more years, and provided that there is no impediment for them to be married. In addition, the domestic partnership must be registered with the personal record, or otherwise recognized by a court.