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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - vinculo
Definition of vinculo
The term vinculo, originating from Spanish law, refers to a tie, bond, or connection. Most commonly, it describes the formal legal bond of marriage. In a broader sense, it can also denote a legal restriction placed on property, often dictating how it can be inherited or transferred.
Example 1 (Marital Bond):
A couple in Spain decides to pursue a legal separation and eventual divorce. The court proceedings will focus on dissolving the vinculo matrimonii, which is the specific legal bond that formally united them as husband and wife. Once the divorce is finalized, this marital tie is legally severed.
Example 2 (Legal Obligation/Tie):
Following a court judgment in Spain, a parent is legally mandated to provide ongoing financial support for their minor child. This court order establishes a legal vinculo, or bond of obligation, between the parent and child, ensuring the parent's continuing responsibility to contribute to the child's welfare.
Example 3 (Property Restriction/Entail):
Centuries ago, a wealthy Spanish family established a legal arrangement for their ancestral estate, stipulating that the property could only be inherited by the eldest child in each generation and could never be sold or divided. This arrangement created a vinculo on the land, acting as an entail that legally bound the property to these specific inheritance rules, thereby restricting its free transfer and ensuring its preservation within the family line.
Simple Definition
In Spanish law, "vinculo" refers to a tie or bond, most commonly signifying the bond of marriage. It can also refer to an entail, which is a legal restriction on the inheritance or transfer of property.