Un diagnóstico constitucional de la reciente jurisprudencia del Tribunal Supremo español sobre las donaciones en régimen matrimonial
Since 2019, the jurisprudential criterion for interpreting the right of reimbursement in donations between spouses married in community of property regime has been modified, with the Court admitting that even when the property maintains its community property character, as both spouses expressly sta...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8233585 |
| Source: | Anuario iberoamericano de justicia constitucional, ISSN 1138-4824, Nº. 25, 2 (julio - diciembre), 2021, pags. 513-550 |
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| Summary: |
Since 2019, the jurisprudential criterion for interpreting the right of reimbursement in donations between spouses married in community of property regime has been modified, with the Court admitting that even when the property maintains its community property character, as both spouses expressly stated at the time of acquisition (this may well be through the donation), if it is proven that the money with which the acquisition was made came from private wealth, the right of reimbursement is recognised in favour of the spouse who made the contribution, without establishing time limits or requiring any reservation to have been made.
Throughout the article and from a constitutional approach, it is analysed whether the criterion followed by the Supreme Court violates the principle of equality, the basic principles of the rule of law, or the special duty that the Constitution establishes for public authorities to protect the family. |
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