The common law marriage in Peru, the rights of its members and pending challenges

Abstract

This article analyzes the regulation of common law marriage in Peru from its beginnings to the present. It focuses on its evolution, from a null recognition of rights and even violation of the fundamental rights of children born within a cohabitation, to its constitutional regulation and the consecration of the principle of equality. Starting from considering common law marriage as a source of family and examining its most important elements, the rights that concubines have been acquiring, either normatively or at a jurisprudential level, as well as addressing pending challenges.