Logotipo librería Marcial Pons
Spanish modern family law through an analysis of eighty ladnmark decisions

Spanish modern family law through an analysis of eighty ladnmark decisions

  • ISBN: 9788413458397
  • Editorial: Editorial Aranzadi
  • Lugar de la edición: Pamplona. España
  • Colección: Monografías Aranzadi de Derecho Civil
  • Encuadernación: Rústica
  • Medidas: 23 cm
  • Nº Pág.: 295
  • Idiomas: Español

Papel: Rústica
36,85 €
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Since the French revolution, the movement towards greater individual freedoms has impacted significantly on the family as an institution, especially during the last decades. In fact, the Spanish Constitution of 1978 represents a Corpenican revolution in Spanish family Law. This volume entitled Spanish Modern Family Law through an analysis of Eighty Landmark Decisions offers a selected collection of Spanish case-law that takes us on a journey through this Law. A Law based on respect for human rights, the dignity of the person, and equality between spouses or cohabitees, which enshrines the best interests of the child as its central axis.

Each judgement has been subjected to critical thinking and commentary in order to build a complete framework of this legal field, and to provide readers with a different and pleasant way to engage in this interesting and even passionate issue. Spanish Family Law is a melting pot where different cultural and legal traditions come together. On the first hand, it is a bridge between the Western European legal world and Latin-American Law. There is even a strong connection between Spanish and Philippine Family Law due to historical legal bonds.

On the second hand, it is a meeting point between the North European Lutheran vision of family and society and the Mediterranean one, resulting from efforts of the last forty years to modernize Spanish law and society. Finally, it is a law that sails between the waters of Continental Law and Common Law. This is due to the important reform caused by the adoption of the new procedural law that has given a new role to the Jurisprudence of the Spanish Supreme Court. This special juncture makes Spanish Family Law so special. In fact, due to its dynamism and innovative spirit it can be considered as a real research laboratory where the transition to the twenty-first century reality is taking place. It is a magnifying mirror where other legal systems can find inspiration. This has been the reason to write this book, and to choose English as the language of communication in order to make the Spanish experience accessible to all possible interested readers.

Part. 1. Family, Family Relationships And Marriage
Chapter 1.I. Constitutional principles
Chapter 1.II. Compensation for damages in Family Law
Chapter 1.III. Maintenance duty
Chapter 1.IV. Engagement to marry («promise of marriage»)
Chapter 1.V. Marriage

Part. 2. Marriage Annulment, Separation And Dissolution
Chapter 2.I. Termination of marriage and conjugal life
Chapter 2.II. Common effects of annulment, separation and divorce

Part. 3. Economic Marriage Regimes
Chapter 3.I. Gifts by reason of marriage (“«propter nupcias» donations”) (
Chapter 3.II. Matrimonial assets regimes. General provisions
Chapter 3.III. Marital legal regime of “community of acquisitions or joint assets” (“«sociedad legal de gananciales»”)
Chapter 3.IV. Marital legal regime of separation of property
Chapter 3.V. Share in acquisitions regime

Part. 4. Live-In Partnership
Chapter 4.I. Effects in case of registered or formalized couples
Chapter 4.II. Applicable law to a de facto couple who have different regional citizenships

Part. 5. Filiation
Chapter 5.I. Types of filiation
Chapter 5.II. Determination and evidence of filiation
Chapter 5.III. Filiation claims
Chapter 5.IV. Adoptive filiation

Part.6. Parent-Child Relationships
Chapter 6.I. Foster care of children («acogimiento de menores»)
Chapter 6.II. Gestational Surrogacy
Chapter 6.III. Parental responsibility


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