AUTONOMÍA DE LA VOLUNTAD Y FRACASO MATRIMONIAL: LOS PACTOS PRE-RUPTURA EN EL LIBRO II DEL CÓDIGO CIVIL DE CATALUÑA.

Abstract

The social and legal concept of the family and, within that concept, the concept of marriage are evolving. Their evolution has led to the modern-day recognition of an increasing amount of leeway enabling spouses to set up their marital relationship along lines tailored to their own legitimate values, interests and aspirations.
One of the latest milestones in this evolution is the introduction of a specific discipline of Catalan civil law concerning agreements anticipating a matrimonial break-up. The discipline implements a general allusion made in the Family Code.
This paper looks closely at the new legislation.