Abstract

TORRES FLOR, Analucía. The legality of the fidelity moral duty:. Rev. Derecho [online]. 2018, n.18, pp.183-198. ISSN 1510-3714.  https://doi.org/10.22235/rd.v18i2.1706.

According to article 431º of the Argentine Civil and Commercial Code, “The spouses commit themselves to develop a common life project based on cooperation, cohabitation and the moral duty of fidelity. Mutual help should be given.” Therefore, we are faced with a new regulation that distinguishes between legally-specific rights-duties and a moral right-duty: the duty of fidelity. On his behalf, the Argentine legal doctrine, discusses if the duty of fidelity, besides to its moral character, would be legal or if it is a strictly moral duty and therefore, would not generate any kind of legal effects.

On the other hand, if the regulation of the duty of fidelity in the Argentine Civil and Commercial Code is undoubtedly moral, which are the reasons of such controversial interpretations? Does the duty of fidelity have a strictly moral character; is it moral and also legal?

Keywords : marriage; marital duties; moral fidelity duty.

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