BAD FAITH, ABUSE OF RIGHT AND FAMILIAR RELATIONS.

Abstract

Bad faith is known and understood as a conscious and intentional act of fraud that involves wilful intent and unlawful conduct. In family law, particularly in matters of infidelity, it is understood that the unfaithful behaviour of the spouse, despite the existence of children as a result of this relationship, is not fraudulent, and the law art. 1902 CC cannot be applied. Although there is no doubt about the nature of the contractual obligation, which has its origen in the marriage contract and that each spouse is obliged to comply to.