2. Fidelity: Article 137 of the Civil Code also provides that spouses are obliged to remain faithful to each other. The duty of fidelity obliges spouses to abstain from carnal relations outside marriage; that is, with third parties. Marital fidelity binds both spouses equally, which is why husband and wife who have sexual contact outside of marriage are unfaithful. The celebration of marriage gives rise to a whole series of duties and rights between the spouses. As far as their philosophical basis is concerned, these duties and rights derive from the principle that spouses owe each other mutual assistance. 3. The period of Christianity in the history of the development of marriage can be divided into two phases: that before the Council of Trent and that which follows. The first begins around the ninth century, when marriage temporarily begins to be governed by Christian norms, bearing in mind that these are not applied equally everywhere and are not strictly ordained. The process of structuring these norms must have been slow and gradual, intensifying as the Church gains adherents to impose its views on secular power. In the tenth century it was already recognized that the Church was the sole source of authority in matters of marriage, and in the twelfth century canonical thought on the nature of the conjugal bond and the way in which it was formed was uniformly established, culminating in the Council of Trent (1542-1563), through which it was established, that all questions relating to the institution of marriage would be governed by the norms of canon law. and it is affirmed that this is the sole competence of the Church with regard to the condition and condition of the people.

Marriage is the fundamental basis of family law, since most of the legal relationships that make up this branch of law are established or derived from some form of the marital bond, and if it is true that there are special situations (e.g. cohabitation) that family law cannot ignore, these are of a lower order and are in any case equal to the legal relations, which produces the marriage. 4.- This hegemony of the Church over marriage was maintained throughout the Middle Ages and did not begin to decline until the sixteenth century, without being able to specify the exact moment of its disappearance, which was accentuated when modern states emerged with the influence of the Reformation movement initiated by Martín Lucero in Germany and soon spreading to the entire Christian world. For this Augustinian monk, marriage is not indissoluble; for it is not a sacrament, “but a worldly and external thing, like clothing, food, and house,” and therefore it must not be regulated by the Church, but exclusively by secular authority. (c) Sexuality: In the same sense as it deals with the primary and essential purpose of marriage, the procreation of the species, the legislator, in addition to the requirement of puberty, denies the validity of marriage to a person suffering from sexual incapacity, while article 47 of the Criminal Code stipulates that “anyone who suffers from manifest and permanent impotence may not validly conclude the marriage”. Although it is usually one of the personal effects of the marriage, the duty of discharge has an eminent patrimonial content, since the above-mentioned Article 139 CC is the one that each of the spouses must maintain himself according to the respective situation or social and economic conditions. The end of the marriage puts an end to the common life, so it is necessary to put an end to the patrimonial regime by moving to its liquidation and the distribution of the property, according to the regime of the property they would have had. Article 42 of the Civil Marriage Act stipulates that the marriage shall be terminated on the following grounds: Article 5 establishes the conditions for the validity of marriage and, consequently, the persons who are legally incapable of contracting a marriage. If a person in these cases were to solemnize a marriage, it would be null and void.

For this reason, they have been described as absolute obstacles: in Chile, until the end of the nineteenth century, marriage and other functions related to civil life, such as existence (birth certificates) and the end of persons (cemeteries), were administered only by the Catholic Church, so marriage was religious and indissoluble. The first law on civil marriage was enacted in 1884 (one of the so-called secular laws). Faced with this situation, Christianity assumes the task of justifying the institution of marriage, achieving profound transformation, rejecting divorce, and honoring women. The obligation to live together stems from the very nature of marriage, which aims at mutual assistance between spouses and procreation, objectives that could not be adequately achieved without the spouses` cohabitation. 4. act which causes the unjustified violation of marriage vows, If one of the brides refuses to perform the marriage vows without a valid reason, i.e. if the violation of the marriage vows occurs without a valid reason, the defaulting fiancé must compensate the other for the expenses he has incurred as a result of the promised marriage. Therefore, the act that causes the wrongful violation of the promise of a future marriage is an action for compensation for the costs incurred as a result of the promised marriage, which the law recognizes to the innocent friend against the defaulting friend.

At all times, legal philosophers have attached this special importance to marriage, and Cicero already says that marriage is the principle of society and the basis of public affairs (principium urbis et quasi seminarium rei publicae) “Marriage is the center of the family, and the other institutions that make up family law are nothing but consequences or additions to it.” The obligation of assistance between the spouses constitutes a legal maintenance obligation, without it being necessary to prove that the other is unable to provide for these needs. It should therefore not be treated in the same way as the maintenance obligation laid down in Title VIII (Articles 282 to 300 CC). The expansion of Rome, the hectic life in which the conquerors indulged, and the contact with other peoples and customs made marriage more relaxed every day, and divorce and adultery increased, to the point that the religious reforms imposed under Augustus with the laws of Julia Maritandis and Papia Potea were not sufficient to correct such vices. Finally, depending on whether or not one or both parties are aware of the existence of obstacles that could lead to the nullity of the link, the marriage may simply be declared null or supposed; The latter is the marriage contracted by one or both spouses in good faith because of ignorance or ignorance of the existence of such obstacles. Article 6 imposes a restriction on parents and stipulates that “parents and descendants may not marry by consanguinity, affinity or security by consanguinity of the second degree”. 2. Effects of the commitment. The Venezuelan Code denies any effectiveness of this commitment; both to force the conclusion of the promised marriage, as well as to fulfill the agreed benefit in case of non-fulfillment of the promise.

The distinction between equal marriage and morganatic marriage has only historical significance, since it refers to the social conditions of the spouses, according to which, if both belonged to the same class, the marriage was the same, and if there was a clear social difference, it was morganatic. Another problem, though not very interesting, is that raised in the teaching concerning the marriage of asexuals and hermaphrodites; To be the first to understand those who, although medically speaking, must have a sex because there is no person who does not have it, on the contrary their external organs are missing or have them in such an abnormal or degenerate way that they are not able to perform the sexual act without an operation can solve their problem. Hermaphrodites, on the other hand, have external genitalia that correspond to a certain sex, while their glands secrete hormones of the opposite sex; or they have glands and genitals of both sexes at the same time. Therefore, these pseudo-hermaphrodites and the second true hermaphrodite were called. Article 4 of the Civil Marriage Act provides that “both parties have legal capacity, have voluntarily and spontaneously agreed to enter into legal capacity and have completed the formalities provided for by law”. The goals are essentially present in the bond of any true marriage, even if they are more or less achieved in married life: therefore, marriage is valid if the parties do not positively exclude these goals from marriage, even if they are not actually achieved later. 5. Protection: The last of the personal duties and rights of the spouses arising from marriage is that of protection. In essence, the obligation to protect is a simple consequence of conjugal assistance If one of the spouses seriously and unjustifiably violates this duty of protection, the other may apply for legal separation and attempt divorce. The betrothal therefore consists of the mutual promise of a future marriage exchanged between a man and a woman.