INTRODUCTION

Kinship is the basic principle of organization of individuals in society,

establishing social groups and the roles they play within that group. Forms of
organization based on kinship and marriage denote certain fundamental human
bonds that all peoples establish and reflect the way in which peoples give meaning
and importance to interactions between individuals.
The following research shows a definition of kinship, taking into account that this
aspect is of a civil nature, since it demonstrates the origin of the family and its
common trunk, taking into account the importance of this issue in the life of the
entire Guatemalan population. .

THE RELATIONSHIP
BACKGROUND

When talking about kinship at the beginning of life, it began with conception and
their relationship was mother-child, then with the passage of time they began to
have family relationships through lineage, when talking about lineage we talk about
their ancestors and descendants that a person can have. Historians of the Middle
Ages call a lineage the set of relatives united by blood ties and who act in their
social environment with a certain cohesion, usually with the same signs of identity
such as surname and weapons, so it is undoubtedly that lineages have existed.
always in all cultures, especially among the Germans.

In other cultures such as the Israelite, the term house was used for ties of
familiarity, for example in the Bible when it talks about the house of David, that is,
the lineage of David, since house means the group of people, belonging to the
same lineage. However, we can find two types of lineage used, such as agnatic
and matrilineal, agnatic, which was by direct descent only from men, and
matrilineal, by way of women.
In ancient Rome, agnatic lineage or kinship was distinguished from cognatic. The
first was civil kinship, which had legal consequences, both for succession and for
the granting of guardianship. This parental bond was transmitted through males
who descended from the same father. It included the father's wife, his male
children, female daughters as long as they remained unmarried, daughters-in-law,
married in just nuptials, grandchildren, and all descendants, male and female, as
long as they did not marry, since by doing so, they entered the her husband's
agnatic family.

Later, cognation, or blood relationship, emerged, which is what we know today as

consanguineous, and in Rome, it had legal effects, only during the time of Emperor
Justinian (6th century). We cannot also forget that adoption was common in
ancient Rome, since it allowed the continuation of a family's line of succession in
the absence of natural heirs. So, for example, Gaius Julius Caesar adopted Gaius
Julius Caesar Octavius Augustus, who later became the first emperor of Rome. So
we can say that most cultures used the kinship relationship for the purposes of
inheriting titles of nobility, lands, empires, rights and obligations to care for them.
Genealogists, when developing their studies of kinship, created the term line to
somehow differentiate the family branches, that is, the differentiated form of
descent of each of its members and the degrees to differentiate the distance that
exists between each relative, which Currently it has helped us to relate kinship with
its rights, obligations and legal restrictions.

In Guatemala we find kinship relationships that are established by law in Decree

Law 106, Civil Code of the Republic of Guatemala from article 190 to 198, where
we find straight line, collateral and degrees.
ETYMOLOGY OF THE WORD RELATIONSHIP
According to the Spanish historian Eduardo Coutere, the word kinship comes from
the Provençal PARENTECS, originally understood as PARENTELA, SET OF
RELATIVES, coming from PARENTES, with the same meaning and from the Latin
PARENS-TIS, the father and the mother; in familiar language, people from the
same family. PARENS is the active participle of the Latin verb PARIO-ERE, which
means TO BIRTH.

CONCEPT
Legal link that unites two or more people by virtue of blood marriage or adoption.
There are several authors who have spoken about kinship, such as Rojina
Villegas, who says: “kinship actually implies a legal state because it is a permanent
situation that is established between two or more people by virtue of consanguinity,
marriage or of adoption, to constantly give rise to a set of legal consequences.”

KINDS OF RELATIONSHIP
There are variants in kinship, we can find four different kinds, by consanguinity,
affinity, civil and spiritual.
In article 190 of the civil code we find that Guatemalan law recognizes blood
relationship within the fourth degree, affinity within the second degree and civil
relationship, which is born from adoption and only exists between the adopter and
the adopted person.

RELATIONSHIP BY CONSANGUINITY
Traditionally, this has been known as the link that unites several people who
descend from each other, or who, without descending from each other, come from
the same root or trunk, consanguinity being kinship par excellence. Then we will
say that it is the one that exists between people who descend from the same
parent. (Art. 191 CC.: consanguinity relationship is that which exists between
people who descend from the same parent.)
The sources of blood relationship are:
• Marriage
• The de facto union
• Extramarital paternity.

This type of relationship has several legal effects, especially those related to the
family, such as parental authority, legitimate guardianship, etc. such as in relation
to legal obligations or in the form of prohibitions, as well as in the field of public law.

RELATIONSHIP BY AFFINITY
It is the one that occurs when two people marry (man and woman). It is the bond
that one spouse has with the other and their respective blood relatives. (Art. 192
CC.: affinity kinship is the link that unites one spouse with the other and their
respective blood relatives) It is recognized up to the second degree and the
spouses are relatives but do not form a degree. (Art. 190 CC). The affinity
relationship between spouses ends with the dissolution of the marriage (Art. 198
CC). Extramarital motherhood is also produced.

Related relatives, according to the laws of each state or country, can be:

• Spouses
• Fathers-in-law, sons-in-law, daughters-in-law
• Brothers in law
• Stepfathers, stepmothers and stepchildren
• Spouse's grandparents
• Spouses of grandchildren
 RELATIONSHIP SCHEME BY AFFINITY

1st. Inlaws
2nd. Brothers-in-law Daughter-in-law/Son-in-law

• There is no relationship between in-laws

CIVIL RELATIONSHIP
Also called fictitious since it is acquired through adoption. Adoption is the legal act
of social assistance by which the adopter takes as his or her own child a minor who
is the child of another person. (Art 228 CC.: All aspects related to adoption will be
governed by the Adoption Law. Reformed article 228 by Article 63 of Decree
Number 77-2007 of the Congress of the Republic.).
The civil relationship that is established between the adopter and the adoptee does
not extend to the relatives of one or the other, likewise the adopter is not the legal
heir of the adoptee, but the latter is the heir of the former: and the adoptee and his
natural family retain their rights of reciprocal succession.

SPIRITUAL RELATIONSHIP
Also called religious kinship, it is created by the administration of the Sacraments
of Baptism and Confirmation and relatives are made by him, the minister of the
Sacrament and the person who receives it, the parents and the godparents.
This type of kinship is not recognized by Guatemalan legislation, although it is
recognized in social relationships as a spiritual union.

RELATIONSHIP COMPUTATION STANDARDS

To determine the degree of relationship, only the link or degrees are counted,
divided by lines. Guatemalan law recognizes kinship within the fourth degree and
affinity within the second degree.

GENERATION
Each individuality of the series of relatives.

DEGREE
It is the generation that separates one relative from another. It is the number of
generations, each generation constitutes a degree. (Art. 193 CC.: kinship is
graduated by the number of generations; each generation constitutes a degree).

LINE
The straight and collateral lines can be maternal or paternal, because the
ascendant is the mother or the father. Series of generations or degrees from a
common ancestor forms a line. (Art. 194 CC.: the series of generations or degrees
from a common ancestor form a line).
The line will be maternal or paternal because the mother or father is the common
parent. They are commonly called relatives on the father's side or the mother's
side. Every individual necessarily naturally has two lines of kinship, derived from
his two parents. Exceptionally, there may be the case of people who do not have,
or rather are unaware, of their kinship ties due to having been foundlings of
unknown fathers and mothers.

STRAIGHT LINE
When they descend from each other, ascending or descending. (Art. 195. The line
is straight, when people descend from each other, and collateral or transversal,
when people come from a common ancestry, but are not descended from each
other; Art. 196 CC.: in the modest line, whether ascending or descending, there are
as many degrees as there are generations, that is, as many as there are people,
not including that of the common ancestor). Between the father and the son there
is one degree, between the grandfather and the grandson two degrees, between
the great-grandfather and the grandson three degrees.

COLLATERAL LINE
When people come from a common ancestor, but are not descended from each
other (Art. 195 CC.: Art. 195. The line is straight, when people are descended from
each other, and collateral or transversal, when people come from a common
ancestry, but are not descended from each other.; Art. 197. In the collateral line,
the degrees are also counted by generations, ascending from the person whose
relationship is required to be verified to the common ancestor and descending from
this to the other relative.). The degrees are also counted by generations, ascending
from the person whose relationship is required to be proven to the common
ancestor and descending from this to the other relative. Among brothers there are
two degrees, between uncles and nephews there are three degrees, between first
cousins or first cousins there are four degrees.
The calculation of kinship by affinity is similar to that of consanguinity, fathers-in-
law are in the first degree, with respect to their sons or daughters-in-law, brothers-
in-law are in the second degree.

STRAIGHT AND COLLATERAL LINE DIAGRAM

Upward
4th. Great grandfather
3rd. Great grandfather
2nd. Grandfather
1st. Dad

Collateral
2nd. Siblings
3rd. Nephews
4th. Cousins
1st. Son
2nd. Grandson
 3rd. Great-grandson
4th. Great-great-grandson

Descendant

• Kinship is not extinguished by the death of one of the two relatives, because it
comes from nature, descent or community of blood.

COMPUTATION OF DEGREES: DIRECT LINE

IN WHAT DEGREE ASCENDANTLY IS THE GREAT-GRANDSON

IN RESPECT TO THE GRANDFATHER?

Solution.

Step 1. It is counted from great-grandson to grandfather.

Step 2. D, C, B, A, Z, = 5

Step 3. Subtract: 5 – 1 = 4 Subtract Z because the grandfather is the

common trunk.
.
Answer . The great-grandson is in 4th grade in a direct ascending
line to the grandfather.

IN WHAT DEGREE IN THE DIRECT ASCENDING LINE IS THE GRANDSON IN

REGARD TO THE GRANDFATHER?

Solution.

Step 1. It is counted from grandson to grandfather.

Step 2. C, B, A, Z, = 4

Step 3. Subtract: 4 – 1 = 3 Subtract the common core; Grandpa.

Answer . The grandson is in the 3rd degree in a direct ascending line with respect
to the grandfather.

IN WHAT DEGREE IN THE DIRECT DOWNLINE LINE IS THE GREAT-GREAT-

GRANDFORD IN REGARD TO THE GREAT-GRANDSON?

Solution.

Step 1. It is counted from great-great-grandfather to great-grandson.

Step 2. X, Y, Z, A, B, C, D, = 7

Step 3. Subtract: 7 – 1 = 6 Subtract the common core (X); the great-great-

grandfather

Answer . In a direct descending line he is in 6th grade.

IN WHAT DEGREE IN A DIRECT LINE IS THE GRANDSON IN REGARD TO THE

GREAT-GRANDFORD?

Answer : C, B, A, Z, X, = 5 – 1 = 4. In 4th grade.

COMPUTATION OF DEGREES: COLLATERAL LINE

Kinship in a collateral consanguineous line is that which links related people who
are not descended from each other, but have a common trunk or root.

IMPORTANCE OF RELATIONSHIP

Relationship allows us to determine who has parental authority, who is the heir,
who will provide family assistance, etc. The closer the relationship, the greater the
responsibilities.

LEGAL EFFECTS OF RELATIONSHIP

The duties-rights emerging from kinship are different according to the class and
degree thereof. The first degree straight line relationship (parents-children)
produces specific consequences that are different from those of other degrees
such as parental authority, the right to a name, among others. The generic
consequences of kinship are: maintenance obligation, legitimate succession,
legitimate guardianship, various prohibitions, and mitigating and aggravating
liability. The consequences are always reciprocal between relatives. The main
prohibition that emerges between relatives is that of marrying each other, between
all blood relations in a straight line.

Rights: They can be seen in successions or inheritance, parental authority and

alimony.
Obligations: They can be seen in successions or inheritance, parental authority
and alimony.
Disabilities or impediments: To get married, make sales, etc.

IN FAMILY MATTERS:
Kinship produces the parents' duty to feed, guard, correct, and educate their
children.
Kinship ceases the obligation of assistance towards the unworthy child.
Kinship prohibits marriage between direct line relatives. Father and
daughter, mother and son, grandfather and granddaughter, grandmother
and grandson cannot be married, ad infinitum, they cannot be married in a
direct line.
Kinship prohibits marriage between collateral line relatives. Prohibits
marriage between siblings. Kinship prohibits marriage between affines. It
prohibits marriage between mother-in-law and son-in-law, father-in-law and
daughter-in-law.
Relationship allows parents to oppose the marriage of a son under 16 years
of age and a daughter under 14 years of age.
Collateral kinship allows relatives up to the fourth degree (first cousins) to
oppose the marriage of a relative under 16 years of age and of a relative
under 14 years of age.
IN CIVIL MATTERS:
Kinship initiates the hereditary vocation. Children are direct heirs. In legal
succession, inheritance is deferred to descendants, ascendants, spouse or
cohabitant, collateral relatives and the State.
IN PROCEDURAL MATTERS:
Relationship confers the legitimacy to file a request for interdiction by a
relative of the alleged incapacitated person.
The relationship confers on the parents the initiation of the application for
annulment of marriage.
Kinship disqualifies one from being a witness. They may not be believed as
witnesses in processes of people to whom they are linked: The relative in a
direct line or within the fourth degree of consanguinity and the related
person up to the second degree.
Spiritual kinship is cause for challenges and excuses. v. gr. If the family
judge is the godfather of one of the parties who are divorcing, the other
party can challenge the judge.
ADMINISTRATIVELY:
Kinship is a cause to prohibit the appointment in the public service of people
with whom they are related up to the fourth degree of consanguinity and the
second degree of affinity.
 Relationship disqualifies up to the fourth degree of the Notary of Public Faith
from being a witness of public instruments.
Relationship disqualifies the Civil Registry Officer from acting as such in
matters and records in which his relatives intervene up to the fourth degree.
The Baptism Certificate (spiritual kinship) allows the beginning of the
procedure to obtain an identity card, if there are no other documents.
IN CRIMINAL MATTERS:
Due to kinship, complaints against relatives for minor crimes are not
admitted.
Relationship is an aggravating factor in crimes of patricide, filicide, rape, and
statutory rape.
It is an defense in crimes of theft between relatives, in concealment between
relatives.
Kinship is a sine qua non in the crime of non-compliance with family
assistance duties.

CONCLUSIONS

1. In ancient times, the succession of positions and titles, as well as the inheritance
of property, were implicit in the particular kinship system.

2. Adoption is one of the most interesting and beautiful human actions in law, since
it safeguards and promotes a very important value, that of the family.

3. The greatest importance of kinship is the addition of legal duties and rights.

4. Taking into account kinship, it is subdivided into multiple concepts, the

development of two or more legal entities and their common trunk is clearly shown,
since in detail it makes us better understand the graph of legal entities and their
generations, since they are linked in a form of connection of several people by
blood relationship.

5. Kinship is fundamental in family law, since by establishing the parental

relationship by blood or affinity, the rights and obligations that arise between
relatives can be determined, as well as the existing prohibitions for certain acts
where the relationship subsidiary is decisive.

6. In a broad sense, affinity kinship is computed in the same way as consanguinity,

and includes the desolation of marriage... For example, in a straight line, one
ascends or descends because there are so many degrees of kinship.
 BIBLIOGRAPHY

• Civil Code of the Republic of Guatemala Decree Law 106, 1963.

• Civil Law Manual, Brañas, Alfonso, Eighth Edition, FENIX Student Publishing
House.