Putative marriage has no legal validity.
Putative is an adjective that is used to describe what is taken to be legitimate , true or proper when, in reality, it is not . The term comes from the Latin word putatīvus .
The putative, in this way, refers to an unreal condition : it is something apparent or supposed. Thus, the putative arises or is constructed from a reputation or a consideration that has nothing to do with what is strictly real .
Putative marriage
A putative marriage is a bond that has the appearance of marriage without being one. Generally, this is due to a decisive impediment, that is, it breaks the unity of the group. When the bond was contracted in good faith, its effects are taken as if the putative marriage had been lawful .
Until it is declared null , then, the putative marriage is accepted as valid , as are its effects with respect to the property of the couple and the people. The children of the putative marriage, in turn, maintain their legitimate status.
putative father
The idea of putative father usually refers to an individual who maintains a parental relationship with a child, without said relationship having been established at a legal level. Therefore, as long as there is no legal definition, the putative father has no rights or obligations.
Usually, the putative father is actually the biological father of the children whom he treats as his children. This is a very common situation: a man and a woman who have sexual relations without being married; She becomes pregnant and has his child without establishing a legal bond with him.
It is worth mentioning that in the United States there is the Illinois Registry of Putative Fathers , an instrument that serves to protect the rights of these men. The initial condition is that they register before the child is one month old, since otherwise he or she may be put up for adoption without the child being able to do anything to prevent it, even without being notified. This record can be crucial for contact between parent and child.
Registration in the Putative Parents Registry is very simple, especially today, thanks to the conveniences that the Internet offers us: just fill out a form, including the signature, and send it by email. Of course, it is also possible to carry out the process in person. Once this step is completed, the court will notify the father of any attempt to adopt the child, before which it will be possible to resort to Justice to prevent it from taking place.
If the putative father does not register in the Registry in time, he may lose his rights forever.
putative crime
A putative crime arises when there is a false belief about conduct that is supposedly prohibited by law. The person, in this framework, does something thinking that it is illicit without it being so, so said action is not punishable . The putative crime, in short, is not a crime.
In this case, it is said that the prohibition is a mistake, since it imposes a barrier on the person that has no legal basis and that leads them to think that they are committing a crime.
To prove that it is not an act outside the law, the so-called Principle of Legality comes into play, which is used by almost all current states of law to guarantee compliance with current laws and the absence of arbitrary decisions. by individuals with self-assigned power.
There is also the opposite case of a putative crime: it occurs when an individual is not aware of breaking the law.