Publicación: Alcance jurídico de los derechos sucesorales del cónyuge o compañero sobreviviente.
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Inheritance right is antediluvian or prehistoric, it is part of a private law forming chapter of the civil code that due to its transcendence and historical evolution has become part of family law, and in it, as regards the surviving spouse, the law, customs and doctrine have regulated their rights in correlation with family classes that have been formed and have been recognized jurisprudentially. The Political Constitution of Colombia, specifically in the article 42, defines family as the fundamental nucleus of society that’s constituted by natural or legal links between a man and a woman, and limits its conformation to the institution of marriage and the marital union, excluding cohabitants in its society. To determine the scope of jurisprudential recognition, by the Constitutional Court, on the special protection of the inheritance rights of the survivor, in homosexual partnerships and polyamorous family, model of interest for this study, reviewing the concept of family beyond the Colombian constitutional legal framework, taking in reference the historical evolution, laws in other countries in which different cultural transformations and ruptures are conceived, and the new family configurations in contemporary reality and that are not yet legally recognized by the Colombian State. the homoparental family has been legislated according to the country in different ways, so it cannot be ignored that, in European countries its evolution has been greater; In Spain, with Law 13 of 2005, it was the first country to contemplate total equality for homosexual couples in relation to marriage, adoption and clearly heritage, on the other hand, in countries such as Chile, adoption by these couples with Different sexual orientation, but in Colombia since 2015 the adoption was approved and in 2016 the marriage of homosexual couples, also in Argentina since 2010. the important of historical reference on homoparental families were the rulings that the European tribune of human rights dictated, and it applies to all countries that have recognized the protocols and the international convention "convention for the protection of human rights and fundamental freedoms" This court is located in Strasbourg and its main function is to prosecute the human rights violations of the world, when the countries have been inoperative, in this way the court has received a number of cases from these homosexual couples who have considered a violation of their rights. For its sexual orientation, the court has tried and has been a landmark in jurisprudence.