LA VECINDAD CIVIL DE LA MUJER CASADA Y LA INCONSTITUCIONALIDAD SOBREVENIDA DEL ARTÍCULO 14.4 DEL CÓDIGO CIVIL.

Abstract

As of the entry in force of the Spanish Constitution, married women have been able to hold autonomous standing as the legal residents of the place where they live. A certain wife, who by virtue of the rule of family unity, shared her husband's standing as a legal resident of Navarra, recovered her own standing as a legal resident of Catalonia due to having lived continuously in Catalonia for more than ten years, after the Constitution entered in force. Therefore, succession in the case of that woman's estate would be governed by the Catalonian Succession Code. As of the repeal of article 14.4 of the Civil Code due to supervening unconstitutionality, a married woman can hold legal residence in a place other than where her husband has his legal residence, if she complies with the requirements set in the Civil Code.