Tractament processal en el codi civil de Catalunya de la divisió de la cosa comuna en els judicis matrimonials

Authors

  • Cristina Riba Trepat

Abstract

This study describes and discusses the procedural treatment of the division of joint property in the Catalonia Civil Code from two different standpoints. In the first part an initial analysis is made of the legislative background of the legal system in force today, established in Article 43 of the Family Code adopted in 1998. Attention is then turned to the current text and content of Article 232-12 of the Catalonia Civil Code, which allows the joinder of the division of joint property as a differentiated claim in matrimonial proceedings. Lastly, an examination is made of the proceedings for liquidation of the matrimo- nial property regime which, in the context of matrimonial proceedings, are the ones established for the judicial division of joint property. The second part is entirely devoted to a commentary on the Constitutional Court Decision 21/2012, of 16th February, declaring the unconstitutionality of the now abrogated Article 43 of the Family Code.

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Published

2013-06-26

Issue

Section

Studies