Civil law

The Advisory Council of Ibiza and Formentera demands to promote the law that reinforces Pitiusan civil law

The initiative represents a milestone for Pitiúsan civil law, as for the first time the legal institutions specific to Ibiza and Formentera are gathered in a specific text.

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PalmaThe Advisory Council on Civil Law of Eivissa and Formentera has requested the support of the Pitiusan deputies for the Parliament to promote the future law on the matrimonial property regime, a norm that will allow the consolidation and protection of the own civil law of the Pitiusas and provide legal coverage for traditional institutions that until now did not have any specific regulation.

The body did this in a meeting held with the deputies of the Parliament of the Balearic Islands representing the Pitiusas to convey the need to promote the proposal for a law on the matrimonial property regime and thus ensure the defense and development of the own civil law of Eivissa and Formentera.

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The meeting was also attended by the presidents of the island councils of Eivissa, Vicent Marí —who is also a deputy in the Parliament—, and of Formentera, Óscar Portas. On the part of the convened parliamentarians, Lourdes Cardona, Jacobo Varela, and Llorenç Córdoba participated.

During the meeting, the representatives of the Advisory Council explained that, after three attempts over the last 20 years, for the first time a firm proposal has been achieved from the Advisory Council on Civil Law of the Balearic Islands that incorporates a specific title dedicated exclusively to Eivissa and Formentera.

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Title III includes, as a complete, independent, and autonomous text, the main institutions of the own civil law of the Pitiusas regarding the matrimonial property regime. Among other aspects, it regulates responsibility for family burdens, the treatment of housing and household furnishings, donations due to marriage, as well as dowries, the traditional term for marriage settlements in Eivissa and Formentera. Furthermore, it delves into the regulation of agreements in anticipation of marital crisis or breakdown.

The proposal also dedicates a complete chapter to the matrimonial economic regime, structured in three sections: general provisions, the regime of separation of assets, and, for the first time, the normative regulation of a customary institution exclusive to the Pitiusas, the 'acolliment' (reception) in the fourth part of improvements.

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The attendees agreed to highlight the importance of the Parliament of the Balearic Islands approving this law during the current legislature, with the aim of not letting pass a historic opportunity to consolidate and develop the own civil law of Eivissa and Formentera.

In this regard, they have agreed to urge the autonomous chamber to process and approve as soon as possible the law on the patrimonial regime of marriage in the Balearic Islands, following the path of other autonomous communities that, by virtue of article 149.1.8 of the Spanish Constitution, have developed their powers in matters of conservation, modification and development of their own civil law.