The Economic Regime of Marriage in Spain, from its codification to the 1981 Amendment

Abstract

This article presents the results from a research made about

the marital economic regime in Spain, and specifically, the

responsibility of the spouses in front of third creditors and the

goods that guarantee those obligations, from the process of

code building until the foundations of the reform in 1981 were

stood. This process was characterized by the priority given to

the husband in the management of the marriage goods and

therefore, his possibility of lending them. Nevertheless, by the

second half of the twentieth century there is a clear tendency to

reach equality in the management and disposal of the marital

estate. This objective was reached with the 1981 reform, where

the traditional management is modified by a regime expressive

of a complex but living society during its existence, standing

out the respect for the guaranties given to the third creditors

of the partnership.