Contractual succession in balearic islands (specially, Majorca and Menorca). notice of a reform in process from consell assessor work

Abstract

The act proposal for agreed or contractual wills of the Balearic islands was presented to the Parliament of the Balearic Islands, on July 4, 2022, by all the parliamentary groups. The purpose of this act is to regulate the entirety of wills agreements (arrangements) known in the private law of the Balearic islands: the universal donation of present and future assets and the definition, for Majorca and Menorca, and the wills agreements of Ibizan law (which includes the family provisions called finiquito). The task of studying and presenting a proposal to modernize the regulation of wills agreements began, by the Consell Assessor de Dret Civil de les Illes Balears (Balearic Civil Law Advisory Council), in June 2019. In April 2021 I was in charge of the writing of a large part of a report justifying the work of the Council, based on the debates and evolutions of the matter at the heart of it, and focused on the most innovative or disruptive issues with the regulation of the Compilation of Balearic private law, rather than describing the proceedings of the Council’s sessions. This work is nourished by issues collected in this work report and has the purpose of transparency in the face of future comments and criticisms of the rule. The procedure that will be followed for its processing will be that of a single reading (art. 153 of the Regulations of the Parliament of the Balearic Islands), so there will be no amendments or debates on content. For these reasons I found it necessary to give visibility to the pre-legislative process of this rule, of great legal-civil relevance. Commenting on the proposed act is not prudent when one has participated intensively in its drafting and, therefore, in the adoption or exclusion of possible or imagined legal solutions. Likewise, I would have little creativity in offering a legal critique, since whoever thinks up a rule is bound by the legal solution adopted. Therefore, in this work I intend to make known the work of the Consell Assessor behind this act and the depth of its debates on the most complex or modern private legal issues dealt with in it.