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If you live or have relatives abroad, this is of your interest

For those who, being Colombians, are not in the country and have some link or relationship with people and / or assets within the national territory, such as: children, parents, spouse or have a house, car, farm; Apoyojurídico.com is one of the companies that receives the most cases from Colombians abroad and informs us that the five most common cases are: maintenance, parental authority, divorce, succession and sale of real estate.

Thus, we will explain each of these topics, so that, even from a distance, they can know both their rights and obligations.

1. Food

To begin with, it is necessary to clarify that this term not only refers to food as people usually believe, but it is everything necessary for the subsistence of the person such as food, clothing, health, education, recreation and housing.

Therefore, they should know that the holders of the food are those people who are described in article 411 of the Civil Code, that is, it can be both as a feeder (the one who has the obligation to provide food) and the food (the one who has the right to receive or ask for food).

In this vein, it is necessary to know how this right or obligation is generated? First, it can be recognized voluntarily; second, through a conciliation and third, through a judicial process.

Another very common question regarding this issue is what to do if, while you are far away, you want to claim food or food is demanded from you? First, you must determine if you are entitled by law to claim them; second, you must grant a special power of attorney to a lawyer in Colombia to initiate the maintenance process or act on your behalf.

2. Parental authority

What is parental authority? The Civil Code in its article 288 and the Code of Childhood and Adolescence in its article 14 establish that it is the right of parents to direct the 'non-emancipated children' (minor children who do not work or have a public position or who have not married), so that, through this, parents can fulfill their duties towards their children during their training process.

In other words, parental authority is the set of rights that all parents (father and mother together) have over their children due to the fact that they hold this status, such as: the right to administer assets, legal usufruct and representation. extrajudicial.

To suspend (temporarily) or deprive (definitively) of parental authority, it can only be done by initiating a process before a family judge, by means of a special power of attorney granted to a lawyer. Hence the importance of knowing who can request the suspension or deprivation of parental authority? In this sense, since it is a child or adolescent who enjoys special protection from the state, any relative, be it a parent, grandparent, uncle, or any relative, as long as they have a blood tie, may initiate the process, in addition, the family ombudsman may also do it informally; that is, voluntarily, without anyone telling you to do so, in order to protect the interests and well-being of the minor.

3. Divorce

On the other hand, one of the topics most frequently consulted by Colombians living abroad is divorce, understood as the dissolution of the civil marriage or the cessation of civil effects of the religious marriage. This procedure can be carried out by notarial or judicial means, and also results in the dissolution of the conjugal partnership, that is, the obligations between the spouses end without this meaning that the rights and obligations regarding the children born also end. of the union, these subsist regardless of whether the marriage bond between the parents ends.

But how do I know if I can get divorced? The Civil Code explicitly and clearly establishes the grounds for divorce, which are found in article 154, such as: mutual agreement, separation of bodies and extramarital sexual relations. So, if the person married in Colombia and left the country but their spouse is still living in Colombia and they want to divorce, taking into account that there are any of the aforementioned causes, they can do so by means of a duly authenticated power of attorney, with the In order for a lawyer to act on your behalf and represent you and proceed with the divorce proceedings.

4. Succession

Again, it is the Civil Code that regulates all aspects related to this, starting with article 1008. There is talk of succession when a person dies and their descendants continue with their assets. It is important to bear in mind that a person can be succeeded both universally; that is, when the deceased succeeds in all his assets, rights and obligations, or in part of them in a general way, this occurs when there is no will and is called 'intestate or intestate succession'; as a singular title, when one or more certain species or certain bodies occurs, for example: the house that is located on 134th street # 7 - 22, this case occurs when there is a will where the deceased's will to distribute or distribute their assets in a certain way.

Thus, if, for example, your father or mother dies in Colombia, but is not in the country and it is impossible for you to come, you can, by means of a power of attorney authenticated in front of the Colombian embassy of the country where you are, grant powers to a person or lawyer to act on his behalf and enforce his inheritance rights, this as long as he is credited as a legitimate heir and this can be with the civil registration of birth where it is proven that the deceased person is his father and that he is legally recognized as a son.

5. Sale of real estate

An example: A Colombian who lives in Spain has a farm in Chia and wants to sell it, but cannot come to carry out that business, so he must give power of attorney to a person he trusts or a lawyer where he authorizes the sale of the property. property, so this person may sign both the promise and the contract of sale, which must be raised to a public deed and register the sale in the Office of Public Records and Instruments, finally this person will deliver the property, thus perfecting the contract with the delivery of the keys to the estate, thus fulfilling its mandate.

There is no reason why Colombians abroad cannot solve their legal issues in Colombia, there are companies likeosoportejuridico.com that is in charge of handling all kinds of legal cases, simply by signing a power of attorney to represent them. Online chat here.

Article written by ApoyoJurídico.com

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