Grados y tipos de parentesco

Cápsulas Jurídicas
23 Jun 201512:59

Summary

TLDRThe transcript delves into the legal definitions of familial relationships, focusing on consanguinity and affinity. It explains direct line relationships, including ascending and descending lines, and collateral relatives, detailing how degrees of kinship are calculated. The discussion highlights the importance of recognizing relationships up to the fourth degree, as stipulated by law. Additionally, it touches on the implications of marital ties through affinity, including restrictions on remarriage after divorce. This comprehensive analysis serves as a valuable guide for understanding complex family connections.

Takeaways

  • 😀 Consanguineous relationships can be classified into direct lines (ascending and descending) and collateral lines.
  • 😀 Direct ascending relationships include parents (1st degree), grandparents (2nd degree), and great-grandparents (3rd degree).
  • 😀 Direct descending relationships consist of children (1st degree), grandchildren (2nd degree), and great-grandchildren (3rd degree).
  • 😀 Collateral relationships involve shared ancestors, such as siblings (2nd degree), cousins (4th degree), and uncles/aunts (3rd degree).
  • 😀 Degrees of kinship are counted by generations, excluding the individual from the count.
  • 😀 The law recognizes kinship only up to the fourth degree for both ascending and descending relationships.
  • 😀 In collateral relationships, one must count generations upward from one side and downward from another to determine degrees.
  • 😀 Relationships by affinity involve the spouse's relatives, with different terminology but similar degree calculations.
  • 😀 Marriage prohibitions exist for direct lines of affinity without degree limitations, even after divorce or death.
  • 😀 Collateral relationships do not have the same marriage prohibitions, allowing for potential unions among in-laws.

Q & A

  • What are the main categories of relatives discussed in the transcript?

    -The main categories discussed are consanguineous relatives in a straight line (ascendant and descendant) and collateral relatives.

  • How is the degree of kinship determined for ascendant relatives?

    -The degree is determined by counting the number of generations upward to the common ancestor, excluding the individual in question.

  • Who is considered the first ascendant relative in the paternal line?

    -The first ascendant relative is the father, counted as a first-degree relative.

  • What is the significance of the fourth degree in kinship law?

    -The law recognizes relatives only up to the fourth degree, which includes various direct ancestors and descendants.

  • How are collateral relatives defined?

    -Collateral relatives are those who do not descend from one another but share a common ancestor, counted by moving up one line and down another.

  • What is the relationship degree of siblings in collateral kinship?

    -Siblings are classified as collateral relatives in the second degree.

  • How does the law treat relationships by affinity?

    -Relationships by affinity are similar in structure to consanguineous relationships, but the titles change (e.g., father-in-law, brother-in-law) and cease to exist after divorce or annulment.

  • What kind of prohibitions exist regarding marriages after divorce in terms of affinity?

    -The law prohibits marriage in the straight line of affinity without degree limitation, but not in collateral relationships, such as marrying a former brother-in-law.

  • How are the degrees of relatives calculated in the case of a person with multiple siblings?

    -All siblings share the same degree of kinship, as they are all considered second-degree collateral relatives.

  • What role does the common ancestor play in determining collateral kinship?

    -The common ancestor is essential for establishing the relationship, as it serves as the point from which degrees are calculated both upward and downward.

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Related Tags
Family LawKinship DegreesLegal RelationshipsConsanguinityAffinity RelationsFamily StructureLegal ImplicationsParental RightsInheritance LawEducational Resources