DERECHO INTERNACIONAL PRIVADO, CASO MATRIMONIO Y SU DISOLUCIÓN.

Summary

The video discusses the international private law aspects of the divorce case involving Marcel Dogo, a Cameroonian businessman, and Natalia Páez, a Mexican citizen. They married in Mexico, lived in Brazil, and later moved to Ecuador and Colombia. The legal implications of their divorce are analyzed, focusing on applicable laws concerning their marriage and children, particularly regarding custody and property. The Colombian legal framework is emphasized, alongside principles of territoriality and the law of the country where the marriage took place. The discussion also addresses complexities related to the division of assets situated in different countries.

Takeaways

• 😀 Marcel Dogo, a Cameroonian businessman, married Natalia Páez, a Mexican citizen, in Mexico in 2017.
• 🏠 They established their residence in Brasília, Brazil, and had a son, Ronaldo, in 2018.
• 🌎 The couple later moved to Quito, Ecuador, where they had another son, Fermín, and founded a construction company.
• ⚖️ Their divorce proceedings began in Cali, Colombia, highlighting the complexity of international private law.
• 📜 Colombian law applies to their divorce due to the principle of territoriality, as the case is processed in Colombia.
• 📚 The judge in Cali must consider both Mexican and Colombian laws regarding divorce causes, finding similarities for resolution.
• 👶 For their children, custody and related matters will follow Colombian law, as the children reside there at the time of the divorce.
• ⚖️ The International Child Welfare Bureau (ICBF) is responsible for ensuring the children's rights and protection in Colombia.
• 🏢 Regarding community property, Colombian law favors applying local laws for assets located in Colombia.
• 🌍 The theory of renvoi may be applied to resolve conflicts over properties located in other countries, ensuring appropriate legal jurisdiction.

Q & A

What is the nationality of Marcel Dogo and where did he get married?

Marcel Dogo is Cameroonian, and he married Natalia Páez in Mexico in 2017.

What factors influenced the jurisdiction for the divorce proceedings?

The jurisdiction for the divorce proceedings is influenced by the territoriality principle, which asserts that local laws govern all inhabitants, regardless of nationality.

What legal principle applies to the divorce case of Marcel and Natalia?

The lex fori principle applies, meaning that Colombian law governs the divorce since the case is being handled in a Colombian court.

How does the Colombian Civil Code address the territoriality of the law?

According to Article 18 of the Colombian Civil Code, all residents are subject to the national law, thus the Colombian legal framework is applicable to this case.

What are the nationalities of Marcel and Natalia's children?

Their son Ronaldo is Brazilian, and their daughter Fermina is Ecuadorian.

Which legal authority is involved in the custody of the children during the divorce?

The family defender will intervene in the divorce proceedings due to the presence of minor children.

How does the theory of renvoi apply to this case?

The theory of renvoi allows for the consideration of both Ecuadorian and Colombian laws regarding the custody and welfare of the children, emphasizing the priority of the children's rights.

What norms apply to the marital property acquired during the marriage?

The marital property will be governed by the local law where the properties are located, meaning Colombian law applies to properties in Cali, while properties in Brazil and Ecuador will be governed by their respective laws.

What challenges arise due to the multiple jurisdictions involved?

The existence of properties in different countries creates potential conflicts of law, necessitating the application of renvoi and local laws to determine the rightful governance over these assets.

What is the significance of Article 8 of the Code of Childhood and Adolescence in this case?

Article 8 provides the applicable norms for child custody and welfare during the divorce, emphasizing that local Colombian law will govern the rights of the minor children.