Civil Code of Catalonia
Codi Civil de Catalunya
Parliament of Catalonia
CitationCivil Code
Territorial extentCatalonia
Passed byParliament of Catalonia
Passed30 December 2002 (first book)
15 February 2015 (sixth book)
Signed byPresident of the Generalitat Jordi Pujol (first book)
President of the Generalitat Carles Puigdemont (sixth book)
Introduced byMinistry of Justice of Catalonia
Repeals
Compilation of the Special Civil Law of Catalonia of 1960
Status: In force

The Civil Code of Catalonia (in Catalan: Codi Civil de Catalunya) is the main codified law of civil law in force in Catalonia, adopted in 2002 and organized into six books.[1] In Catalonia, the Spanish Civil Code only applies to the extent that it does not conflict with the provisions of the civil law of Catalonia or its general principles.

History

The civil law of the Principality of Catalonia, created over time during the Middle Ages and early modern period, survived the suppression of Catalan institutions and laws that took place after the defeat in the War of the Spanish Succession in 1716. The Decrees of Nueva Planta, promulgated by the King of Spain, Philip V, respected this law while simultaneously abolishing the institutions and the other rights of the Principality. However, as the Catalan Courts (the parliament) were abolished, the law remained without modifications for the next two centuries.

During the 19th and 20th centuries, and despite the enactment of a new Spanish Civil Code, Catalan nationalists successfully protected their separate civil law, though it was not until 1960 that the laws began to be compiled. The "Compilation of the Special Civil Law of Catalonia" (Spanish: Compilación de derecho civil especial de Cataluña) was approved in 1960 and, when Catalan self-government was restored in 1979, the Parliament of Catalonia ended the first phase of compilation; it approved law 13/1984, which adapted the compilation to democratic post-Franco Spain, as well as adapting several new special laws.

During the last years of the 20th century, the Parliament began the process of codification of the civil law. In this spirit, in 2002 it approved the "First Book of the Civil Code of Catalonia." The other books were approved over the course of the following decade. The Sixth Book was approved in 15 February 2018, ending the main task of codification of Catalan civil law.[2]

According to the author Esther Arroyo, the Catalan Civil Code was influenced by certain provisions of the Civil Code of Quebec, particularly in matters of property law.[3]

Contents

  • First book - General provisions.
  • Second book - Person and family.
  • Third book - Legal person.
  • Fourth book - Successions.
  • Fifth book - Real rights.
  • Sixth book - Obligations and contracts.

See also

References

  1. ↑ "Codi Civil de Catalunya". Norm@ Civil (in Catalan). Generalitat de Catalunya. 22 April 2013. Archived from the original on 19 January 2016. Retrieved 4 April 2016.
  2. ↑ "El Parlament culmina el Codi Civil català amb l'aprovació del llibre sisè". Vilaweb. Europa Press. 8 February 2017. Retrieved 6 November 2023.
  3. ↑ Arroyo, Esther (2005). "Le Code civil catalan : choix, finalités et transplantations législatives du Code civil québécois". Les Cahiers de droit. 46: 271–293. doi:10.7202/043839ar.
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