The Family Patrimony in the Trials of Partition of the Marital Community and/or Cohabitation Community

(Jurisdiction of Boys, Girls and Adolescents)

Abstract

Family Heritage as a fundamental institution to guarantee family stability and the integral development of children and adolescents together with their parents, motivates them to consider some solutions in the jurisdictional field of children and adolescents, especially in matters related to the partition of assets of the Conjugal Community and / or Concubinary Community, especially in the special circumstance that there is only one real estate object of partition, and that real estate constitutes the family seat of children and adolescents with their parents . In this sense, a brief analysis is made of the provisions that the Constitution of the Bolivarian Republic of Venezuela of 1999, which deepen the protection of families, their right to comprehensive development, and an adequate standard of living. We make an approach from the purely jurisdictional perspective of possible solutions to the dilemmas that are presented for the protection judge in the partition trial of the conjugal and / or concubinary community, which becomes the declaration of the family heritage as a way to resolve the partition, guaranteeing protection for children and adolescents. In this context, the judge specialized in the protection of children and adolescents, must the provisions, "precautionary measures", that guarantee the non-disposition of the property, until the children who are under the protection of the parent the custodian reaches the age of majority, and in some cases up to the age of 25, or when it comes to protecting children in those cases in which one of them presents extraordinary challenges.