Ius et Praxis
versión ISSN 0718-0012
DEL PICO RUBIO, Jorge. The evolution and update of the family concept, an approach to the positive effect of the predominant tendencies, from the chilean marriage law reform. Ius et Praxis [online]. 2011, vol.17, n.1, pp. 31-56. ISSN 0718-0012. doi: 10.4067/S0718-00122011000100003.
The specific modifications made the past decades to the Family Law, as well in Chile as in the compared experience, have had as an unavoidable frame of reference a complex and dynamic discussion about the legally restrained family concept, which has been collected in the positive Law. This work, from the particular circumstances of the Chilean Marriage Law reform process, started in 1991 and finished in 2004, offers a revision of the family conception taken into consideration during the discussion developed in that opportunity, informing the conceptual limits problems, the available options and ideological founding, a contemporary vision of its functions, the dominant social concepts evolution and their positive effect, concluding with a critic approach to the family in its nuclear expression. Regarding the previous analysis, it is stated the sharpness weaken process of the traditional family model, proposed a particular approach of the family crisis causes, warned the juridical and social consequences of the predominance accused on this field of the individual autonomy, and tries to establish the basis to discuss the family reassessment in the social and community perspective, on its natural expression.
Palabras clave : Law and Family; Family Concept; Marriage Law.