The Civil Code of Catalonia (in Catalan: ''Codi Civil de Catalunya'') is the main codified law of civil law in force in

Catalonia Catalonia is an autonomous community of Spain, designated as a ''nationalities and regions of Spain, nationality'' by its Statute of Autonomy of Catalonia of 2006, Statute of Autonomy. Most of its territory (except the Val d'Aran) is situate ...

, adopted in 2002 and organized into six books. 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 The Principality of Catalonia (; ; ; ) was a Middle Ages, medieval and early modern state (polity), state in the northeastern Iberian Peninsula. During most of its history it was in dynastic union with the Kingdom of Aragon, constituting together ...

, created over time during the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...

and

early modern period The early modern period is a Periodization, historical period that is defined either as part of or as immediately preceding the modern period, with divisions based primarily on the history of Europe and the broader concept of modernity. There i ...

, survived the suppression of Catalan institutions and laws that took place after the defeat in the

War of the Spanish Succession The War of the Spanish Succession was a European great power conflict fought between 1701 and 1714. The immediate cause was the death of the childless Charles II of Spain in November 1700, which led to a struggle for control of the Spanish E ...

in 1716. The Decrees of Nueva Planta, promulgated by the

King of Spain The monarchy of Spain or Spanish monarchy () is the constitutional form of government of Spain. It consists of a Hereditary monarchy, hereditary monarch who reigns as the head of state, being the highest office of the country. The Spanish ...

, Philip V, respected this law while simultaneously abolishing the institutions and the other rights of the Principality. However, as the

Catalan Courts The Catalan Courts or General Court of Catalonia ( or ) were the policymaking and parliamentary body of the Principality of Catalonia from the 13th to the 18th century. Composed by the king and the three estates of the realm, the Catalan Court ...

(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 Self-governance, self-government, self-sovereignty or self-rule is the ability of a person or group to exercise all necessary functions of regulation without intervention from an external authority. It may refer to personal conduct or to any ...

was restored in 1979, the

Parliament of Catalonia The Parliament of Catalonia (, ; ; ) is the Unicameralism, unicameral legislature of the Autonomous communities of Spain, autonomous community of Catalonia. The Parliament is currently made up of 135 members, known as Deputy (legislator), deput ...

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 2017, ending the main task of codification of Catalan civil law.

The First Law of the Civil Code establishes that it must be developed in the form of open code through the approval of various laws. As for 2024, the Civil Code of Catalonia is divided into six books: * First book - General provisions and Prescription and expiration. * Second book - Person and family. * Third book -

Legal person In law, a legal person is any person or legal entity that can do the things a human person is usually able to do in law – such as enter into contracts, lawsuit, sue and be sued, ownership, own property, and so on. The reason for the term "''le ...

. * Fourth book - Successions. * Fifth book - Real rights. * Sixth book - Obligations and contracts. According to the author Esther Arroyo, the Catalan Civil Code was influenced by certain provisions of the

Civil Code of Quebec The ''Civil Code of Quebec'' (CCQ; , ) is the civil code in force in the Canadian province of Quebec, which came into effect on January 1, 1994. It replaced the '' Civil Code of Lower Canada'' () enacted by the Legislative Assembly of the Provin ...

, particularly in matters of property law.

References

External links

Civil code of Catalonia and complementary legislation (in Catalan). Gencat.cat
{{Civil codes by country, Europe Civil codes Catalan law

History

Contents

See also

References

External links