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- Title
El artículo 80 del Código Civil tras la derogación del art. 954 de la LEC 1881. Aplicación actual a la eficacia civil de las resoluciones canónicas de nulidad matrimonial.
- Abstract
The article is about the possibility of recognizing canonical judgments of marital nullity in the Spanish legal system. It is mentioned that the matrimonial action is of a highly personal nature and that only in specific cases, such as when one of the spouses is a minor or incapacitated, would the Public Prosecutor's Office have active legitimacy. It is established that in the event of the death of one of the spouses during the process of requesting civil approval, the heirs can continue with the procedure. The importance of the canonical resolution conforming to the Law of the State and not contradicting Spanish public order is mentioned. In addition, reference is made to the exequatur procedure established in Law 29/2015 for the recognition of foreign judgments. The article analyzes the possibility of applying the legal figure of analogy in the recognition of canonical judgments of marital nullity in the Spanish legal system. It is established that the civil effectiveness of these judgments is subject to the requirements demanded for the recognition of foreign judgments in general. The causes for denial of recognition are mentioned, such as contravention of public order and violation of the right to defense. The importance of guaranteeing fundamental rights and effective judicial protection in the process of approving these judgments is emphasized. The article analyzes the current regulation in Spain regarding the approval of canonical judgments of marital nullity in the civil sphere. It is highlighted that the new law establishes that the voluntary absence of one of the parties should not be an impediment for the civil judge to declare the validity of the canonical judgment. The formal and procedural requirements that must be met for the approval of these judgments are also mentioned, such as the finality of the judgment and the authenticity of the foreign execution. Despite some legal gaps, it is concluded that the approval procedure has been improved and simplified with the entry into force of Law 29/2015.
- Subjects
SPAIN; LEGAL judgments; JUDGES; JUDICIAL process; CIVIL rights; PUBLIC prosecutors; ANALOGY; LEGAL literature
- Publication
Revista de Derecho Privado (00347922), 2024, Issue 4, pN.PAG
- ISSN
0034-7922
- Publication type
Article