Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The conclusion of agreements in contemplation of a family breakdown is a relatively recent development in Spain. The Spanish Civil Code contains no provisions regulating them. Nevertheless, in its groundbreaking decision of 31 March 2011, the Supreme Court has expressly upheld the validity and enforceability of these agreements. Such validity is con?rmed in two sub- sequent decisions in 2015 and 2018. This paper analyses the speci?c requirements for concluding these agreements and clari?es the limits of their validity.

This paper analyses the legal concept of the autonomy of the will and its implications for family law. The analysis is carried out within the framework of assisted human reproduction, as seen through the eyes of Law. The aim is to demonstrate a series of legislative inconsistencies in Mexican family law, deriving from the ignorance of lawmakers surrounding these types of topics.

The purpose of this paper is to analyse the constitutional regulatory framework of parent-child relationships in cases of children who are minors. The fundamental rights, as well as the child protection mandates by the parents responsible and the public authorities contained in article 39 of the Constitution, make up the regulatory area that acts as a limit when faced with, not only to the autonomy of the will of those concerned in said relationship, but also before the legislator and the rest of the public powers.

The objective of this paper is to analyse and bring to light the tensions and limits that con?ne the multi-parent family structure, i.e, those where more than two adults have the will to be considered as the parents of a child, with all the legal e?ects that derive from such a situation. This analysis will be based on real cases that have demanded solutions and answers in the Ar- gentinian justice system.

Gestational surrogacy is a reality which, although it is not legally regulated in Argentina, nowadays, it has been accepted favourably and unanimously by local jurisprudence. Autonomy of the will as a central issue of this practice is one of the major concerns that revolve around the construction of judicial decisions, revealing an array of arguments in this regard that allow for a series of premises to be developed in order to better understand this technique of assisted human reproduction.

This paper deals with the legal situation of transgender, transsexual and intersex minors (at the state and regional level). We begin our study with Law 3/2007, of 15 March, which regulates the modification of a person’s sex, the registry, as well as of the norms laid down in the Civil Registry Law (LRC) and its Guidelines which excludes the legitimation of minors to change their sex. We also analyse the rules given by the autonomous communities in the absence of response from the state, which establish contradictory criteria to those applied at the national level. It also analyses the evolution of jurisprudence on the subject, starting from the defence of a minor´s interests, a key element of our study, to try and determine what should be the way forward regarding the definition of the minors identity.

The desires and aspirations of individuals to conceive healthy offspring or offspring with specific characteristics go against and clash with the protection that the legal systems offer to life at all stages of development. In the field of assisted human reproduction, this controversy manifests itself between the respect for the autonomy of the will of the potential parents in terms of embryo selection and its limitation on the protection of life in an embryonic state. The different legal systems have faced this controversy in different ways; the object of this paper is to analyse the different solutions.

The objective of the article is to analyse the regulatory regime for the mental health of the Argentine Republic, regarding legal capacity and involuntary hospitalisations for mental health, from the perspective of the autonomy of the will and the challenges that the tension be- tween them generate.