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Tla-melaua
versão On-line ISSN 2594-0716versão impressa ISSN 1870-6916
Resumo
ESPINOZA COLLAO, Álvaro Daniel. Where is family under the law of the twenty - first century? The road towards family legal pluralism. Tla-melaua [online]. 2017, vol.10, n.41, pp.222-240. ISSN 2594-0716.
This legal research aims to analyze from a panoramic perspective where does the concept of family rest under western law in the XXI century, with particular emphasis on Chilean and Latin American law. That is why it is necessary to analyze the main factors that account for the transition from a family-centered model to an individualistic system where the family is seen as an instrument for the development of personality. From this perspective, the idea of a family legal pluralism is presented, whose paradigm welcomes the notion of a broad family law, based on the existence and recognition of various legal phenomena. This will allow to harmonize the different situations of normative conflict, and will facilitate the task entrusted to the State to guarantee the common good.
Palavras-chave : Family law; family models; legal pluralism.