SOME LEGAL FEATURES OF MARITAL PROPERTY MATTERS UNDER THE SPANISH LAW

Abstract

One of the key legal problems of family disruption is the problem of marital property matters regulation.  The social processes of globalization over the past decades caused an increase in interstate migration flows and forced a revision of approaches to the determination applicable law in the division of joint property by spouses. The general rule in severance of a jointure, which has long a long history, does not always include all the factors that influence the equitable distribution of material benefits. Therefore, the change of approaches to this issue of Spain's inclusion to the migration interstate cycle is a matter of interest.    The subject of this study is the collision norms of Spanish legislation that indicate the law applicable to the property relations of spouses, as well as in case of situation with a marriage contract. In addition to the legal norms, we also study the practice of Spanish courts and doctrinal sources – scientific papers of scientists in the field of private international law and civil law.