Civil Code of Catalonia

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]

Civil Code of Catalonia
Seal of the Generalitat of Catalonia
Original titleCodi Civil de Catalunya
Created30 December 2002 (First Book)
15 February 2017 (Sixth Book)
SubjectCivil law
PurposeRegulates relationship between individuals

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 Right of Catalonia" (Spanish: Compilación de derecho civil especial de Cataluña) was approved in 1960 and, when Catalan autonomy was restored in 1980, 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 codification of Catalan civil law.

See also

References

  1. ^ "Codi Civil de Catalunya". Norm@ Civil (in Catalan). Generalitat de Catalunya. 22 April 2013. Retrieved 4 April 2016.

External links

Assumpció Sallés i González

Assumpció Sallés i González (Barcelona, 1940) is a Catalan lawyer, who was a member of the Bar Association of Barcelona and member of the PSUC during the Spanish transition to democracy. She was a member of the Justice, Law and Citizen Security Commission of the Parliament of Catalonia and participated actively in the adaptation of the Civil Code of Catalonia.

Carles Mundó

Carles Mundó i Blanch (born 1976), is a Spanish Catalan lawyer and politician, who served as regional counselor of Justice of Catalonia until the government of Puigdemont was dismissed due to the establishment of the direct rule following the Catalan declaration of independence on 27 October 2017.Since 8 September 2017, he was being accused of prevarication, disobedience to the Constitutional Court and embezzlement of public funds with his fellows in the Catalan government. Between 2 November 2017 and 4 December, he was jailed.

Catalan constitutions

The Catalan constitutions (Catalan: Constitucions catalanes, IPA: [kunstitusiˈons kətəˈlanəs]) were the laws of the Principality of Catalonia promulgated by the King of Aragon and Count of Barcelona and approved by the Catalan Courts. The Corts in Catalan have the same origin as courts in English (the sovereign's councillors or retinue) but instead meaning the legislature. The first constitutions were promulgated by the Corts of 1283. The last ones were promulgated by the Corts of 1705. They had pre-eminence over the other legal rules and could only be revoked by the Catalan Courts themselves. The compilations of the constitutions and other rights of Catalonia followed the Roman tradition of the Codex.

Catalonia

Catalonia (; Catalan: Catalunya [kətəˈluɲə]; Aranese: Catalonha [kataˈluɲɔ]; Spanish: Cataluña [kataˈluɲa];) is an autonomous community in Spain on the northeastern corner of the Iberian Peninsula, designated as a nationality by its Statute of Autonomy. Catalonia consists of four provinces: Barcelona, Girona, Lleida, and Tarragona. The capital and largest city is Barcelona, the second-most populated municipality in Spain and the core of the sixth most populous urban area in the European Union. It comprises most of the territory of the former Principality of Catalonia (with the remainder Roussillon now part of France's Pyrénées-Orientales, Occitanie). It is bordered by France (Occitanie) and Andorra (Andorra la Vella, Encamp, Escaldes-Engordany, La Massana and Sant Julià de Lòria) to the north, the Mediterranean Sea to the east, and the Spanish autonomous communities of Aragon to the west and Valencia to the south. The official languages are Catalan, Spanish, and the Aranese dialect of Occitan.In the late 8th century, the counties of the March of Gothia and the Hispanic March were established by the Frankish kingdom as feudal vassals across and near the eastern Pyrenees as a defensive barrier against Muslim invasions. The eastern counties of these marches were united under the rule of the Frankish vassal, the count of Barcelona, and were later called Catalonia. In the 10th century the County of Barcelona became independent de facto. In 1137, the lineages of the rulers of Catalonia and rulers of the Kingdom of Aragon were united by marriage under the Crown of Aragon, when the King of Aragon married his daughter to the Count of Barcelona. The de jure end of Frankish rule was ratified by French and Aragonese rulers in the Treaty of Corbeil in 1258. The Principality of Catalonia developed its own institutional system, such as courts (parliament), and constitutions, becoming the base for the Crown of Aragon's naval power, trade and expansionism in the Mediterranean. In the later Middle Ages, Catalan literature flourished. During the last Medieval centuries natural disasters, social turmoils and military conflicts affected the Principality. Between 1469 and 1516, the king of Aragon and the queen of Castile married and ruled their kingdoms together, retaining all of their distinct institutions and legislation.

During the Franco-Spanish War (1635–1659), Catalonia revolted (1640–1652) against a large and burdensome presence of the royal army in its territory, being briefly proclaimed a republic under French protection. Within a brief period France took full control of Catalonia, until it was largely reconquered by the Spanish army. Under the terms of the Treaty of the Pyrenees in 1659, the Spanish Crown ceded the northern parts of Catalonia, mostly the County of Roussillon, to France. During the War of the Spanish Succession (1701–1714), the Crown of Aragon sided against the Bourbon Philip V of Spain; following Catalan defeat on 11 September 1714, Philip V, inspired by the model of France imposed a unifying administration across Spain, enacting the Nueva Planta decrees, suppressing the main Catalan institutions and rights like in the other realms of the Crown of Aragon. This led to the eclipse of Catalan as a language of government and literature, replaced by Spanish. Along the 18th century, Catalonia experienced economic growth, reinforced in the late quarter of the century when the Castile's trade monopoly with American colonies ended.

In the 19th century, Catalonia was severely affected by the Napoleonic and Carlist Wars. In the second half of the century, Catalonia experienced significant industrialisation. As wealth from the industrial expansion grew, Catalonia saw a cultural renaissance coupled with incipient nationalism while several workers movements appeared. In 1914, the four Catalan provinces formed a commonwealth, and with the return of democracy during the Second Spanish Republic (1931–1939), the Generalitat of Catalonia was restored as an autonomous government. After the Spanish Civil War, the Francoist dictatorship enacted repressive measures, abolishing Catalan self-government and banning the official use of the Catalan language again. After a first period of autarky, from the late 1950s through to the 1970s Catalonia saw rapid economic growth, drawing many workers from across Spain, making Barcelona one of Europe's largest industrial metropolitan areas and turning Catalonia into a major tourist destination. Since the Spanish transition to democracy (1975–1982), Catalonia has regained considerable autonomy in political, educational, environmental, and cultural affairs and is now one of the most economically dynamic communities of Spain. In the 2010s there has been growing support for Catalan independence.

On 27 October 2017, the Catalan Parliament declared independence from Spain following a disputed referendum. The Spanish Senate voted in favour of enforcing direct rule by removing the entire Catalan government and calling a snap regional election for 21 December. On 2 November of the same year, the Spanish Supreme Court imprisoned 7 former ministers of the Catalan government on charges of rebellion and misuse of public funds, while several others, including President Carles Puigdemont, fled to other European countries.

Civil code

A civil code is a systematic collection of laws designed to deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code.

Generalitat de Catalunya

The Government of Catalonia or the Generalitat de Catalunya (Eastern Catalan: [ʒənəɾəliˈtad də kətəˈluɲə]; Spanish: Generalidad de Cataluña) is the institution under which the Spanish autonomous community of Catalonia is politically organised. It consists of the Parliament of Catalonia, the President of the Generalitat de Catalunya, and the Executive Council of Catalonia.

The Generalitat has a budget of €34 billion euros.The Parliament of Catalonia unilaterally declared independence from Spain on 27 October 2017 as the 'Catalan Republic'. In response then Spanish Prime Minister Mariano Rajoy decided to dissolve the Parliament of Catalonia and to call a snap regional election for 21 December 2017, after which a new Parliament and a new Catalan government was elected. The independence declaration was turned down by the central Spanish government, and members of the Catalan government, including Carles Puigdemont, fled to Belgium claiming to be the legitimate government of the Generalitat of Catalonia.

List of Constitutional Court of Spain rulings against Catalan Parliament Laws

This is a list of rulings from the Constitutional Court of Spain against laws from the Parliament of Catalonia. From 2012, the Spanish Government has filed 32 appeals with the Constitutional Court of Spain against Catalan laws, both against legal rulings linked to the Catalan independence movement as well as appeals against Catalan laws to stop energy poverty or related to commercial and business hours.

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