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  • Title: Act No. 1183, Civil Code, 23 December 1985.
    Author: Paraguay.
    Journal: Annu Rev Popul Law; 1987; 14():83-97. PubMed ID: 12346797.
    Abstract:
    This document contains major provisions of Paraguay's 1985 Civil Code. The Code sets the marriage age at 16 for males and 14 for females and forbids marriage between natural and adopted relatives as well as between persons of the same sex. Bigamy is forbidden, as is marriage between a person and someone convicted of attempting or committing homicide against that person's spouse. Legal incompetents may not marry. Underage minors may marry with the permission of their parents or a court. Noted among the rights and duties of a married couple is the stipulation that husbands (or a judge) must give their approval before wives can legally run a business or work outside of the house or perform other specified activities. Valid marriages are dissolved only upon the death of one spouse. Remarriage in Paraguay after divorce abroad is forbidden. Spouses may legally separate after 2 years of married life (married minors must remain together until 2 years past the age of majority). Marital separation may be requested for adultery, attempted homicide by one spouse upon the other, dishonest or immoral conduct, extreme cruelty or abuse, voluntary or malicious abandonment, or the state of habitual intoxication or repeated use of drugs. Marriages can be annulled in specified cases. Marital property is subject to the community property regime, but each spouse may retain control of specified types of personal property. The Code appoints the husband as manager of community property within limits and reserves certain property to the wife. The Code permits premarital agreements about property management, and covers the dissolution and liquidation of the community property regime. The Code also sets provisions governing "de facto" unions; filiation for children born in and outside of wedlock; claims for parental recognition; kinship; and the duty to provide maintenance to spouses, children, and other relatives.
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