Yolima Milena González Bernal v. Art. 126, Civ. Cd.

Sent. C-0112/00 (2000)

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Yolima Milena González Bernal v. Art. 126, Civ. Cd.

Colombia Constitutional Court
Sent. C-0112/00 (2000)

Facts

Yolima Milena González Bernal (plaintiff) filed an action to have Article 126 of the Civil Code of Colombia declared unconstitutional. Article 126 provided that marriages shall take place before the municipal judge in the woman’s vicinity. González Bernal argued that the provision violated sexual equality because it relied on the woman’s residence in order to determine jurisdiction over the marriage. Article 131 of the Civil Code, which governed marriages between people from different places, called for the judge in the woman’s vicinity to demand that the judge of the man’s vicinity issue an edict about the marriage.

Rule of Law

Issue

Holding and Reasoning (Martínez Caballero, J.)

Concurrence (Beltrán Sierra and Hernández Galindo, J.J.)

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