El derecho civil familiar y matrimonial del periodo borbónico, virreinato del Perú, siglo XVIII. El caso del juicio de oposición matrimonial entre el capitán Victoriano Carrasco contra su hijo José Leandro Carrasco, Huarmaca - Piura, Trujillo, año 1780

• Autor: Rodríguez Vásquez, Javier Andrés
• Formato: tesis de maestría
• Fecha de Publicación: 2025
• Institución: Pontificia Universidad Católica del Perú
• Repositorio: PUCP-Tesis
• Lenguaje: español
• OAI Identifier: oai:tesis.pucp.edu.pe:20.500.12404/30260
• Enlace del recurso: http://hdl.handle.net/20.500.12404/30260
• Nivel de acceso: acceso abierto
• Materia: Derecho civil--Legislación--Perú; Derecho de familia--Jurisprudencia--Perú; Consentimiento (Derecho)--Legislación--Perú; Derecho--Perú--Historia; https://purl.org/pe-repo/ocde/ford#5.05.01

The investigation includes the judicial process of marriage opposition that pits a 36- year-old son who intends to marry an “Indian” against his father's opposition, who did not authorize the marriage because it was “unequal.” The basis of the opposition is the Pragmatics of March 27, 1776. An essential objective of this research is aimed at determining the correlation between the decision to marry an unequal partner against paternal authority and against traditional values of 18th century society, such as resistance against the Bourbon State. The approach is multidisciplinary. Historical, qualitative and inductive methods are used. They constitute very important tools in our work and of course the analysis of social language or discourse within the social context, accompanied by the socio-anthropological analysis of Law. The thesis provides important conclusions to aspects little addressed by legal history. These are social phenomena of social, legal, and political significance. 1) The linking of paternal obedience and state obedience; 2) Essential aspects of marriage, previously in the power of the church, become dependent on the State or civil Power; 3) The role that the law plays in resolving social conflicts (or family conflicts as in the case study), but also as an instrument to achieve freedoms. Finally, 4) Establish the political significance that individual resistance had in viceregal society at the end of the 18th century. These individual resistances in the family environment manifested by the subordinates; children, through disobedient behavior and individual rebellions were of course not linked to each other. They did not respond to nor were they part of any planned and organized political purpose of active resistance. However, they managed to produce some shakes to the foundations of the despotic power that the Spanish State imposed on an America that was already breathing its independence.