New Prospects in Family Law and the Private Autonomy Principle
a Study About Effectiveness of Fundamental Rights in Private Relations
DOI:
https://doi.org/10.14393/RFADIR-v43n2a2015-29558Keywords:
private autonomy, Family, Fundamental rightsAbstract
This paper investigates the interference of private autonomy in family law relationships. It starts with the new concept of family where there is freedom of action between the component parts of a family unit to define the contours of their lives and achieve fulfillment, exercising fundamental rights of human dignity and personal autonomy. This reflection includes family composition itself, the matrimonial property regime and the denial of autonomy to the elderly, situations that has changed with the current study guidelines of civil law in the light of the Constitution.