This law establishes that the family is the fundamental element and basis of every society, a factor in the socialization of the human person. The family, as a legal institution, constitutes the privileged space in which the personality of its members is created, developed and consolidated and where dialogue and mutual assistance must be cultivated. Marriage is the voluntary and singular union between a man and a woman, with the purpose of constituting a family, through full communion of life (art. 1). The family is the community of members linked together by kinship, marriage, affinity and adoption. It is also recognized as a family entity, for patrimonial purposes, the singular, stable, free and notorious union between a man and a woman (art. 2). The law protects the family and its members against illegitimate offenses. The provisions of this Law must be interpreted and applied, bearing in mind the best interests of the family, based on the principles of special protection of the child and the equality of rights and duties of its members and spouses (art. 3). Each of the spouses has the right to dispose, after death, of their own assets and their share in common assets, without prejudice to the restrictions imposed by law in favor of legitimate heirs (art 110). In the field of intra and inter-family relationships customs are recognized and valued in everything that does not contravene the Constitution of the Republic and this Law. In the solution of family conflicts, it is necessary to seek guidance in the local uses and customs prevailing in the socio-family organization in which the conflicting parties are integrated (art. 4). The husband cannot apply for a litigious divorce during his wife's pregnancy, the prohibition being maintained until one year after the birth, unless he attributes the pregnancy to adultery (art. 204). De facto union is the unique bond existing between a man and a woman, with a stable and lasting character, who, being legally able to contract marriage, have not celebrated it. A de facto union presupposes full communion of life for a period of time exceeding three years without interruption (art. 207).
Мозамбик · 2019-12-11