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

Abstract

This article presents the results from a research made aboutthe marital economic regime in Spain, and specifically, theresponsibility of the spouses in front of third creditors and thegoods that guarantee those obligations, from the process ofcode building until the foundations of the reform in 1981 werestood. This process was characterized by the priority given tothe husband in the management of the marriage goods andtherefore, his possibility of lending them. Nevertheless, by thesecond half of the twentieth century there is a clear tendency toreach equality in the management and disposal of the maritalestate. This objective was reached with the 1981 reform, wherethe traditional management is modified by a regime expressiveof a complex but living society during its existence, standingout the respect for the guaranties given to the third creditorsof the partnership.