The autonomy of the will in family law and its relationship with some legal institutes

Abstract

Since the entry into force of the Civil and Commercial Code of the Nation, the autonomy of the will took on greater meaning. Autonomy is expressed in the power of decision and in the exercise of personal freedom, this implies for family members to be able to resolve certain aspects of personal life, without external conditions and opt for their own self-regulation. The principle of autonomy has a projection in the institutes of filiation, parental responsibility, the property regime of marriage, the property effects of cochibiting unions, as well as in economic compensation, among others. However, it also has specific limits when it conflicts with the best interest of the child and family solidarity. Autonomy is a principle that must be taken into account to think about family relationships, because the will is the starting point of legal relationships. However, I could not fail to take into account the asymmetric relationship that exists between men and women that express social inequalities. The challenge lies in protecting vulnerable people, in accordance with the conventional obligation assumed by the States, in order to promote the exercise of human rights.