ABOUT LOYALTY, AS A MARITAL DUTY
Existence of the duty of loyalty as an effect of marriage has never been disputed. It being implied in the previous regulation, at present it is explicitly contained in the legal nomenclature of the marital status (Article 309 of the Civil Code).
The litigation law applying to the duty of loyalty, makes possible the identification of those patterns by which non-compliant conduct is expressed (I), often emphasizing the private side of any dispute in relation to this subject (II), and in relation to the sanction, in the matter of divorce, it reveals some circumspection, sometimes even indulgence toward the unfaithful spouse, on the contrary, openness with regard to him incurring tort liability (III).
Keywords: loyalty, marital duties, divorce, divorce by fault.