Family law
The aim of the dossier is to bring together a series of resources that are specific to family law, which, although considered an autonomous branch of law, is still included in civil law. Organized on the basis of the relationships that exist among family members, it looks at a series of legal rules and the institutions that regulate them. Priority is given to social interest in the individual and essentially concerns marriage filiation and guardianship.
General definition
Range of family law definitions, their context, FAQs and news referring to this branch of law.
It explains the concept and also how it is regulated and includes opinion articles, the subjects covered (affiliation, marriage, guardianship) and related links.
The author frames family law in the different branches of Spanish law, such as civil law, criminal law, employment law and social security.
The text discusses a legal decision-making model, the importance of case law and how to understand the different players taking part in these cases. It also describes the role of the judge in specific cases and analyses different courts and the consequences they have for their users.
The Noticias Jurídicas website offers up-to-date notes arranged by date in the field of family law, ranging from conferences for professionals to news on court cases.
This chapter has been taken from the book: Derecho al honor y libertad de expresión, asociaciones, familia y herencias: cuestiones jurídicas actuales, supuestos concretos y soluciones jurisprudenciales.
Aspects of family law
A presentation of the most widely covered aspects of family law, such as economic and property aspects, domestic violence and the situation of minors in divorce or separation. Special attention is paid to same-sex parent families, single-parent families and domestic partnerships.
LGBT parenting
The study highlights just how broad the range of diversity is, since in some countries there is full acceptance of the same-sex family and about a dozen that accept the misnamed homosexual marriage, while others only allow registration as civil partners. It also mentions the adoption of minors by a same-sex couple, one of the most controversial issues in these cases.
Law referring to marriage and adoption by spouses of the same sex.
The website is in magazine format and publishes news related to same-sex families. It covers a broad range of topics, from legislative matters to health advice for newborns and political decisions that affect families. It explains everything in an easy-to-understand way and contains accurate information.
Civil partners
The document is the result of the conference organized by the Commission on Equal Rights for New Family Models and the labour law section of the Culture Commission.
They are specific family law and civil partnership forms according to Spanish law and Catalan law. They are divided into emancipation, stable partnerships, custody, guardianship and the work of notaries.
The chapter provides a vision of the civil partnership system in the Spanish legal system, in terms of both State and autonomous community legislation, and looks at the jurisprudence.
The author also stresses the autonomous community model and summarizes current autonomous community laws. The document includes some final reflections.
One-parent family
The definition of one-parent families and their classification according to administrative regulations dictates the process to be carried out to be certified as such and the benefits it provides.
The document details the analysis undertaken, explains the present situation in Spain and describes the public policies aimed at these families. It also proposes lines and actions that need to be undertaken for improvements.
The author also offers a vision of the situation of these families in Sweden, the United Kingdom and Spain, and compares the different realities that they face.
Published by One Family, an organization that provides support to one-parent families. The document introduces readers to the international conventions on human rights that the Irish Government has ratified and describes how this information can be used to help one-parent families make a better life for themselves, specifically in relation to poverty and social exclusion.
Divorce / Separation
The text is part of Dret civil català, volum II: persona i família. It can be accessed through the vLex legal database.
On the Government of Catalonia Ministry of Justice website, the text also reports on the consequences of each of these actions and how they affect children.
The author explains the role of the commissioner for oaths, what a lawyer does, the circumstances in which the notary public may intervene, the limits of regional jurisdiction and the repercussion it has on tax.
The work includes civil partners in this process and notes the differences between autonomous communities. It also stresses gender violence as a cause and the consequences of separation and divorce on children. It clarifies the criminal concepts that have the greatest impact in this process.
The range of documents is extensive, and they are related to marriage chapters, housing, alimony, civil partners, provisional measures, and more.
In a very direct and easy-to-understand way, the document defines and explains the procedure and sets out both the content of the regulatory agreement and the reference legislation and the necessary requirements for completing it.
Inheritances / Successions
The document sets out all the spheres of family law and specifies all its essential points.
The author includes regional civil rights and taxation relating to inheritances. Succession, both testamentary and not, is also explained in the work.
The authors explain the reforms to the Spanish Civil Code, procedural questions relating to inheritance, causes for incapacity and confinement, and out-of-court solutions such as arbitration, mediation and conciliation.
Learning resource for the course Civil Law IV.
Domestic violence
The site includes documents on State legislation, and cases of State and international jurisprudence.
The work analyses the real function of the regulations and asks whether the changes that have come about are positive and effective. It also discusses problems that arise when applying these rules.
The work explains the international legal framework and examines the legislative text. It deals with issues such as awareness or education measures, rights of women who are the victims of violence, their safety and rehabilitation of offenders. It also analyses the situation in France and Italy.
The various authors taking part in the work offer different points of view that broaden the perspective of the issue and provoke thought into the success of current regulations, suggesting possible reforms and solutions. They also analyse the situations in which gender violence occurs.
The authors cover such subjects as criminal law and sex-based discrimination, the individuals that commit domestic violence, frequency, legitimate defence against an attack, the victim’s post-traumatic stress, rape and the responses of the Criminal Code to this violence.
The various authors analyse the law in depth and cover subjects such as global care for women who are victims of mistreatment and aggression in Navarre, the importance of institutional coordination, global measures against gender-based violence and institutional guardianship.
Pensions
Based on the Civil Code of Catalonia, particular attention is given to the separation of assets system, looking at whether there truly is equality according to current regulations.
The author specifies which parties are involved, how the contract is drawn up, the guarantees of the party providing alimony, the reasons for cancellation and the fiscal aspects that affect the persons involved. It also includes forms, related jurisprudence and an interesting bibliography.
The author explains people's obligation to provide alimony depending on the legal relationship into which they have entered. It discusses topics such as mandatory nature, fulfilment and extinguishment and looks at individuals according to their family ties.
The author highlights the problem of bringing non-payment of alimony to justice and also examines the different way the current criminal justice system has of dealing with it.
Minors (guardianships, paternity suits, adoption and affiliation)
The author focuses on the study into the financial effects of marital breakdown and proposes continuity criteria as an alternative solution.
The author has written the article based on a conference organized by the Barcelona Bar Association (ICAB) following the ruling given by the Supreme Court on 6 February 2014, which leaves these children pending registration at the Register Office.
The author uses the existence of the marriage process to explain that there are collateral issues that are also found between civil partners. These apply to provisional custody measures, how they are affected by separation and divorce, and court decisions regarding awarding custody.
The author focuses on different aspects of adoption, such as consent, agreement and the adoption case hearing.
This law manual updates the latest legislative amendments regarding the issues in question, especially Law 15/2015, of 2 July 2015, on voluntary jurisdiction.
The author collates FAQs and clarifies doubts about concepts, grey areas and ambivalent points in terms of the duty of spouses, same-sex marriage and adoption procedures, among others.
Families, international elements and abduction of minors
Family separation means that minors' emotional states in regard to their parents deteriorate. The geographical distance caused by the current employment situation, where people must travel and move to find work, surrogacy and the different laws that exist in each country have brought about an increase in cases of conflict.
The comparison between European, State and autonomous community laws enables us to have a more general view and an understanding of current law in this legal area.
Full professor Victòria Camps argued in favour of surrogacy, while full professor Francesca Puigpelat argued against. The president of the Commission on Equal Rights for New Family Models chaired the debate, and in this text she presents the arguments of the two participants and offers her own personal opinion.
The authors of the book bring together the common points of family reunification and asylum applications in cases of gender-based violence.
The authors describe the current situation of the Spanish authorities and explain the procedural formalities that have to be undertaken for the return of minors in cases of international abduction as well as EU regulations, specifying the criminal aspects.
Special and regional rights
Collection of the specific laws of the autonomous communities with their own legislation.
Aragon
Ley 9/2011, de 24 de marzo, de mediación familiar de Aragón.
Ley 15/2009, de 22 de julio. LCAT 2009\523.
Catalonia
The document is on the Government of Catalonia Centre for Legal Studies and Personalized Training website. It analyses family law in economic spheres and according to the type of participation, both in the case of separation of assets and of participation in gains, among others.
The author begins by saying that voluntary acceptance is one of the utmost expressions of independent will, which includes family guardianship and the concept of autotutela (where a person may appoint their own guardian should they become incapacitated in the future). She then delves into the laws that govern this area, cites precedents and comments on relevant articles.
Ley 25/2010, de 29 de julio. LCAT 2010\534.
Ley 15/2009, de 22 de julio. LCAT 2009\523.
Galicia
Ley 4/2001, de 31 de mayo. LG 2001\206.
Balearic Islands
Ley 14/2010, de 9 de diciembre. LIB 2010\299.
Ley 18/2001, de 19 de diciembre. LIB 2001\366.
Navarre
Ley foral 3/2011, de 17 de marzo. LNA 2011\109.
Ley foral 6/2000, de 3 de julio. LNA 2000\19.
Basque Country
Ley 1/2008, de 8 de febrero, de Mediación Familiar.
Ley 2/2003, de 7 de mayo. LPV 2003\178.
Community of Valencia
Ley 5/2012, de 15 de octubre. LCV 2012\351.
Ley 13/2008, de 8 de octubre. LCV 2008\417.
Ley 10/2007, de 20 de marzo. LCV 2007\147.
Ley 7/2001, de 26 de noviembre. LCV 2001\375.
Resources
Various resources devoted to family law, from blogs and videos to journals and official documents.
It also includes procedural outlines, principal case law, jurisprudence, legislation and up-to-date forms in line with the latest legislative reforms, highlighting regional specializations.
Current documents
These compilations are bimonthly and provide information about new documents that refer to new family mode.
News on family law within Europe on the European Justice portal.
Audiovisual
This video is part of UNED broadcasts on Spanish public television, part of the series Ciencias Jurídicas y Derecho.
This Spanish television programme covers issues relating to the family, such as fostering children, same-sex marriages and in vitro fertilization.
Blogs
It clarifies any doubts and is the first step towards getting help from a professional.
The blog contains rulings and reflections about family law, as well as other sections on law that refer to consumers, intellectual property, data protection and new technology.
The aim of the journal is to ensure that Catalan law has a forum for discussion and dissemination that enables the creation of knowledge. It contains papers on other communities and countries that are of interest to Catalonia.
Web portals
Set up by experienced lawyers, its aim is that everyone can have access online, by phone or PC to discreet professional advice thanks to technology.
The website contains internal information about this family law association, such as statutes and electoral regulations, and information about proceedings that need to take place and records of those that have been held.
Official document
Rulings from the Constitutional Court regarding the interest of the child, protection for people with a physical disability, granting a will, etc. It also contains articles from other countries, such as Wales and Argentina, and some that explain collaborative law.
This entry is part of the Catalan Council of Bar Associations website, which contains full and extensive information about legal practice, from legislation in Catalan to awards, conferences and regular newsletters.
UOC learning resources
UOC materials covering the fundamental issues regarding family law, such as marriage, separation, economic aspects, guardianship, adoption and religious marriage.
Learning resources for the course on Marriage, Stable Partnerships and Breakups.
Learning resource for the course on Canonical Marriage and Annulment.
Librarians responsible for this library guide
Elisabet Cervera
Operative subgroup: Librarian for Law and Political Science, Doctoral School Operative group: Library for Learning