Análisis del marco teórico-contextual y jurídico-normativo del divorcio por mutuo acuerdo con hijos menores Particularidades en Cuba

Abstract

The scientific community always appreciates socio-legal impact studies with international significance. An interesting analysis is provided in the theoretical-contextual and legal-normative order on divorce by mutual agreement with minor children, emphasizing their behavior in current Cuban legislation. It starts from the genesis and evolutionary development of the temporal space of the aforementioned legal institution. The foundations that attribute to the knowledge of the notary public the process of divorce are addressed. Technical considerations are shared on judicial divorce and notarial divorce, which demonstrate the benefits of filing at a notary office. The notary public, is unequivocal, the qualified and suitable professional to dissolve the marriage bond, in an extrajudicial seat, while he contributes with his advisory and legitimizing function to safeguard the inherent rights of minor children. The comparative legal treatment of divorce by mutual agreement is analyzed, an issue that is relevant as a basis for further proposals for improvement in the legislative order. Consequently, the study of the Convention on the Rights of the Child and its impact on Divorce by mutual agreement constitutes another point of vital interest that makes this research a valuable proposal for the legal community and contemporary society.