LA SOCIEDAD DE GANANCIALES EN LA SUCESION MORTIS CAUSA (SU REGULACIÓN EN LA LEY 2/2006, DE 14 DE JUNIO, DE DERECHO CIVIL DE GALICIA).

Abstract

From a theoretical point of view, but also from an essentially practical perspective, it is obvious that the existence of the matrimonial economical regime has its repercussions when the deceased dies in the state of married. And the repercussions are even more evident when he or she is married in a joint property regime. Nevertheless, in a wide sense, the regulation of the mortis causa succession in the Spanish Civil Code is built on the base of a person distributing his or her patrimony, or on the base of a patrimony that is inheritance at the moment, without taking into account the existing economical regime until his or her death. This has some relevant exceptions, like the delegation of the faculty of raising the share of one of the heirs or some rights of the widower in the liquidation of the joint property regime. On the opposites side, some autonomic legislation in recent reforms have tried to advance in the existing connection between the dissolution of the joint property regime due to death and the opening of the death duty. We will study in this work the solutions adopted by the Law 2/2006, of 14th June, of Civil Law of Galicia.