spain_catalonia_official english version of 1998 partnership act

8/8/2019 Spain_catalonia_official English Version of 1998 Partnership Act

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Generalitat de Catalunya

D E L E G I S L A C I

26

Stable pair relationships& Cohabitation situationsfor mutual assistance

Act 10/1998 of 15th July,

regarding stable pair relationships

Act 19/1998 of 28th December,

regarding cohabitation situations

for mutual assistance


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STABLE PAIR RELATIONSHIPS

&

COHABITATION SITUATIONS

FOR MUTUAL ASSISTANCE

Generalitat de Catalunya

Quaderns de legislaci Collection, 26


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Generalitat de CatalunyaDepartment of Justice

1stedition: Abril 2000Legal deposit: B-15.449-2000ISBN: 84-393-5113-5

Editing and production coordination:The Official Gazette and Publications Independent Organisation

Printed by: Grinver, SA

The Catalan Library, CIP

Catalunya[Llei 10/1998, de 15 de juliol, dunions estables de parella. Angls]

Stable pair relationships ; & Cohabitation situations for mutualassistance. (Quaderns de legislaci ; 26)Cont: Act 10/1998, of 15th July, regarding stable relationships ;

Act 19/1998, of 28th December, regarding cohabitation situationsfor mutual assistanceISBN 84-393-5113-5I. Catalunya. Llei 19/1998, de 28 de desembre, sobre situacionsconvivencials dajuda mtua. Angls II. Catalunya. GeneralitatIII. Ttol IV. Collecci: Quaderns de legislaci. Angls ; 261. Parelles no casades Dret i legislaci Catalunya2. Companys de pis Dret i legislaci Catalunya347.628(467.1)(094)

The translation of these legal texts from Catalan was done

by Alpnet International Translation Servicesand revised by Dr. Santiago Espiau,Professor of Civil Law at the University of Lleida.


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I am convinced that, with these two civil acts which have been trans-lated, we have contributed to bringing law and reality closer together, alwaysremaining faithful to the idea that the law is an instrument for living and

that, as such, it has to be at the service and within the reach of the commu-nity, of which it is the expression.

As minister of Justice, I would like to thank you for the interest you haveshown in these two regulatory texts, and I hope that this version in Englishwill meet your expectations of an intellectual and/or practical nature, andalso allow you to deepen your knowledge of the reality of Catalonia, fromthe conviction that to know our law is to know a little more about this openand plural country and the people who live in it.

NRIA DE GISPERT I CATALMinister of Justice


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ACT 10/1998 OF 15th JULY,REGARDING STABLE PAIR RELATIONSHIPS

(DOGC no. 2687, 23 July 1998, p. 9155)

THE PRESIDENTOF THE GENERALITAT DE CATALUNYA

This is to inform all the citizens in Catalonia that the Parliament of Ca-talonia has approved, and myself, in the name of the King, and in accord-ance with what is provided in article 33.2 of the Statute of Autonomy, Ihereby promulgate the following

ACT

Preamble

Article 32 of the Spanish Constitution proclaims the right of man and

woman to marry with full juridical equality. It also establishes that the lawhas to govern the forms of marriage, the capacity to marry and the rightsand duties of the spouses, as well as the causes for separation and dissolu-tion and the effects thereof.

However, at the margin of marriage, the current Catalan society presentsother forms of union in cohabitation that are stable; some are formed byheterosexual individuals who, despite the fact that they are able to marryrefrain from doing so, while others are integrated by persons of the samegender who, from a constitutional standpoint, are not entitled to marry.

During the past years, there has been an increase in the number of theso-called stable unmarried couples. This fact has occurred simultaneously tothe increasing acceptance that such couples enjoy in our society, which in-cludes all of the types of couples referred above. Therefore, society alsoaccepts couples integrated by individuals of the same gender, so much sothat the Catalan population mostly believes that there should exist a legalregulation for these forms of cohabitation.

Therefore, it is believed that the time has come to commence this leg-

islative task and our legislation should be aligned, in this sense, with the


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incipient pre-legislative and legislative currents that emerge within the Stateand within the states of our geographic and cultural boundaries.

Unmarried heterosexual couples have already been taken care of by our

legislation in some partial aspects referring to filiation, adoption and tute-lage and guardianship. Indeed, on grounds of the in-depth survey that hasbeen conducted by using accurate and reliable sociologic data and of thedifferent solutions provided by comparative jurisdiction, which have beenduly analysed, and bearing in mind the debates on these issues that havetaken and that continue to take place at the Congress and at the Parliamentof Catalonia, the conviction is reached that it is appropriate to establish a setof rules that are more complete and varied on the cohabitation of unmarriedcouples, regardless of their sexual orientation.

Consistently with all that has been said so far, this Act assembles andgoverns, separately from marriage, all of the other mentioned forms of co-habitation, with a set of regulations that is also different from the regulationsthat govern marriage, and which are specific for each of the cited situations.This legislative technique fits in perfectly with the constitutional principles,according to the jurisprudence line established by the Constitutional Court.

In compliance with this constitutional doctrine, marriage is a socialreality legally sanctioned by the Constitution, and the right that man and

woman have to marry is indeed a constitutional right. The marriage linkgenerates in wife and husband, ope legis, a plurality of rights and duties thatis not necessarily produced from a juridical viewpoint between the man andthe woman who maintain a stable cohabitation that is not based on mar-riage. These considerations are applicable, without impediment, to the con-siderations applying to homosexuals who cohabit matrimonially becausesimilarly to the factitive cohabitation between a heterosexual couple, theunion of individuals of the same biologic gender is not a juridically governedinstitution, nor is there an institutional law with regard to the establishmentof this union, contrarily to the marriage between man and woman which, as

previously stated, is a constitutional right.

For this reason, marriage unions are regulated and governed in theFamily Code, while the remaining cohabitation relationships other than mar-riage, which consists the basic element of the constitutional distinction, arethe object of regulation in the present Act, in separate chapters, while re-specting the specific nature of each mode.

If a heterosexual couple who cohabits matrimonially does not get mar-ried, it is because they have decided not to wed. A homosexual couple, on

the other hand, may not get married, even if the individuals involved are


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willing to wed. The first couple is able to procreate biologically, while thesecond couple cannot. Furthermore, within heterosexual couples who cohabitmore uxorio, a distinction can be made between those who reject any kind of

formalities and conventions and who, owing to reasons of juridical security,are the object of a higher demand when it comes to asserting their rights.

Consistently with the stated premises, this Act is made up by two chap-ters: the first is devoted to heterosexual stable unions, while the second dealswith homosexual stable unions.

As obliged, the legislative treatment of these two cohabitation unionshas conformed to the framework of the autonomous competences dealingwith this issue. Therefore, it has been necessary to exclude the questionsinherent to penal laws, the questions of a labour nature and those regard-ing Social Security.

Basically, the Act develops civil law competences that belong to theGeneralitat, with abstraction of reserve of the exclusive State competencewith regard to the forms of matrimony, because the regulation of hetero-sexual or homosexual unmarried couples implies the acknowledgement ofcertain situations that are not necessarily comparable to matrimony, in ac-cordance with what has been expressly acknowledged by constitutional ju-risprudence, as mentioned previously. The Act also contains precepts that are

dictated as a development of the competences regarding the official dutiesof the Administration of the Generalitat.

Chapter IThe Heterosexual stable couple

Article 1

Heterosexual stable couple1. The provisions contained in the present chapter are applied to the

stable union of a man and a woman, both of age, who have no impedimentwhatsoever to wed each-other, have cohabited matrimonially during at leastan unbroken period of two years, or who have executed a public instrumentstating their will to abide by what is established in such instrument. At leastone of the two members of the couple must be an official resident of Cata-lonia.

2. It is not necessary for such couple to have children, although it is

necessary for them to cohabit.


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3. In the event one of the members of the couple or both should bebound by a matrimonial link, the period of time of cohabitation lapsed untilthe moment in which the last of the members obtains the dissolution or ter-

mination of marriage or, if necessary, the nullity, shall take into account theabove stated period of two years.

Article 2

Accreditation

The accreditation of stable unions that have not been legalised in a pu-blic instruments and the lapsing of the above stated period of two years maybe made through any means of evidence that is deemed permitted and suf-ficient, with the exclusion of what is provided under article 10.

Article 3

Ruling of the cohabitation

1. The members of the stable couple may rule validly, either verbally, inwriting by means of a private or public instrument or deed, the personal andpatrimonial relations deriving from the cohabitation and the respective rightsand duties. They may also regulate and govern the economic compensationsthat are appropriate in the event of termination of the cohabitation, with the

minimum of the rights that are governed in this chapter, which are unre-nounceable until they become enforceable.2. If there is no pact or covenant, the members of the stable couple must

contribute to the sustenance and support of the household and to commonexpenses with the domestic chores and by means of their unpaid personal orprofessional collaboration or by means of the insufficient retribution to theprofession or business of the other member, with the resources from theiractivity or their assets. If these are not sufficient, the members shall contri-bute proportionately to the amount of their assets. Each member of the cou-ple preserves the ownership, the enjoyment and the administration of theirown assets.

Article 4

Common expenses of the couple

1. The common expenses of the couple are those that are necessary fortheir support, and for the support of any son and daughter, either commonor not, that cohabit with the couple, in accordance with their customs andlifestyle, and particularly as follows:

a) The nourishing expenses, in the widest sense of the term.


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b) The expenses of preservation and upgrading of the dwellings or otherassets used by the couple.

c) The expenses deriving from preventative, medical and sanitary care.

2. The expenses deriving from the management and defence of eachmembers assets and, generally speaking, the expenses resulting from theexclusive interest of one of the members shall not be deemed to be commonexpenses.

Article 5

Liability

With regard to third parties, both members involved in the couple arejointly and mutually liable for particular duties deriving from common ex-

penses established under article 4, provided that such expenses are appro-priate to the customs and the lifestyle of the couple. In any other case, themember who has contracted the duty shall be answerable and liable.

Article 6

Adoption

The members of a stable heterosexual couple may jointly adopt.

Article 7

Guardianship

Should one of the members of the couple be pronounced incompetent,the cohabitant shall occupy the first position in the order of preference of thedative offer.

Article 8

Provision of support

The members of the stable couple are obliged to provide support to eachother, with preference to any other person obliged.

Article 9

Benefits in respect of the official duty

With regard to the official duty of the Administration of the Generalitat,the cohabitants enjoy the following benefits:

a) The benefit of voluntary retirement, with a minimum duration of twoyears and a maximum duration of fifteen years, if the cohabitant of the civil

servant resides in another town owing to the fact of having obtained a defi-


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nite position as a portfolio civil servant in any public administration, au-tonomous body or managing institution of the Social Security organisation,in constitutional institutions or Judicial Power governing bodies.

b) A two-days leave benefit in case of death or serious illness of the civilservants cohabitant, if the death or the illness occur in the same town, anda four-days leave if such events take place in a different town or city.

c) The reduction of a third or half of the workday, as well as the propor-tional reduction of the individuals basic wages and complementary earnings,including the triennials, on grounds of the cohabitants physical incapacity,while the individual cohabits with such cohabitant. This reduction is incom-patible with the exercise of any other activity, regardless of whether it is paidor not, during the time that is the object of the reduction, and may be submit-ted to the rules that are established by the senior officials and top authorities.

Article 10

Special accreditation and legitimisation

In order to assert the rights stated in article 9, if the cohabitation has notbeen made formal on a public instrument executed two years before therights in question are exercised, it shall be necessary to provide a notarysaffidavit so as to certify the cohabitation and the lapsing of two years.

Article 11Disposition of a common dwelling

1. The cohabitant who is the owner of the common dwelling or of thefurniture that is customarily used may not carry out any act of alienation,encumbrance or, generally speaking, may not dispose of his own right insuch way that the use of such dwelling or furniture is endangered, withoutthe other cohabitants consent. If such consent is lacking, a judicial dictumshall be required for any of the above acts.

2. Any act performed without consent or authorisation requested for

paragraph 1 may be annulled upon request of the other cohabitant within theterm of four years from the date at which such cohabitant has become ac-quainted with the fact, or from the time at which the act is registered at theLand Registry.

3. The annulment allowed in paragraph 2 shall not be appropriate whenthe acquirer acts in good faith and in an onerous manner if, in addition, theowner has stated that the building was not a common dwelling, even if thisstatement is inaccurate. However, the person who has disposed of the build-ing shall be responsible for the damages caused, in compliance with the

applicable Act.


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Article 12

Termination of the relations

1. Stable unions are extinguished or terminated due to the following

causes:a) By common consent.b) If one of the members of the couple decides unilaterally to cease the

cohabitation. Such will shall be reliably and irrefutably notified by one mem-ber to the other member.

c) By death of one of the members.d) If the members have been physically separated for over one year.e) If one of the members decides to wed.2. The two members of the couple are compelled to leave without effect

the public instrument that may have been executed, even if this is done sepa-rately.3. The extinguishment or cessation implies the revocation of the powers

that any of the members may have granted in favour of the other member.

Article 13

Economic compensation

When the cohabitation ceases while the two cohabitants are alive, thecohabitant who has worked in benefit of the common dwelling or for the

other cohabitant, receiving either no compensation or an insufficient com-pensation in exchange, shall be entitled to be granted an economic compen-sation from the other cohabitant, in the event such circumstance has causeda situation of inequality between the wealth of both cohabitants that impliesan unfair enrichment.

Article 14

Periodic alimony

Upon the cessation of the cohabitation, any of the members of the cou-

ple may claim a periodic alimony, if such member needs the pension to pro-perly attend to his own needs and support himself, should any of the twofollowing cases concur:

a) If the cohabitation has reduced the capacity of the applicant to ob-tain earnings.

b) If the applicant is in charge of common children, in circumstances inwhich his capacity to obtain earnings is reduced.


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Article 15

Custody and visits of the sons and daughters

Upon cessation of the cohabitation, if the members of the couple have

common children, they may agree on which of them shall have the custodyof such children and the visits to the children to which the member who doesnot have the custody is entitled. Should there fail to be an agreement, the

judge resolves in the benefit of the children. If these are knowledgeable ortwelve years old or over, the judge shall listen to their views before resol-

ving on the matter of the custody.

Article 16

Exercise of the rights

1. The rights regulated by articles 13 and 14 are compatible. However,they need to be jointly claimed in order to ponder them appropriately.

2. The claim for the rights to which paragraph 1 refers shall be formu-lated within the term of one year from the cessation of the cohabitation.

3. The payment of the compensation dictated in article 13 shall be madeeffective within the maximum term of three years, together with the relevantlegal interests from the moment at which the acknowledgement has beenmade. The compensation shall be paid in cash, unless there is an agreementbetween the parties, or unless the judge, due to a justified cause, authorises

that the payment is made with assets of the obliged cohabitant.4. The duty prescribed by article 14, in the event described in letter a),

shall cease, in any case, in the term of three years from the date at which thefirst alimony payment has been made, for the general causes of extinguish-ment of the entitlement to support and sustenance and at the moment inwhich the person who receives the alimony weds or cohabits matrimonially;and in the case of letter b), when the assistance provided to the childrenceases due to any cause, or else when such children are of age or are eman-cipated, with the exception of the case of incapacity.

5. The periodic alimony shall be decreased or extinguished insofar as theimbalance such alimony compensates decreases or disappears.

Article 17

Effects of the unilateral breakdown

1. In the case of breakdown of the cohabitation, the cohabitants may notofficially sanction a stable union with another person by means of a pub-lic instrument until six months have lapsed from the date at which the afore-mentioned cohabitants have left without effect the public deed of the pre-

vious cohabitation.


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2. Any act infringing the prohibition established by paragraph 1 shallbe null and void.

Article 18Extinguishment or cessation due to death

1. In case of death of one of the members of the couple the cohabita-tion of which is officially stated, the surviving cohabitant has the ownershipof the laundry, furniture and fixtures and household equipment of the com-mon dwelling, and such items shall not be included in the surviving coha-bitants hereditary assets. However, this surviving cohabitant does not gainaccess to the ownership of the properties consisting in jewellery or artisticobjects, or other objects having an extraordinary value bearing in mind the

lifestyle of the couple and the estate of the deceased person, particularlyfurniture previously belonging to the family of the decedent, or the portionof such items belonging to the decedent.

2. During the year following the death of one of the cohabitants, thesurviving cohabitant is entitled to dwell in all of the common house, withthe faculty to take possession of such house, and to be fed at the expense ofthe estate of the deceased cohabitant, in keeping with the lifestyle of the cou-ple and in harmony with the importance of the estate. This right is independ-ent from the other rights to which the surviving cohabitant may be entitledby virtue of the death of the other cohabitant. There is an exception to this:that the deceased cohabitant has granted to the surviving cohabitant thegeneral usufruct of the inheritance, with a temporary duration of more thanone year. This right is relinquished if, during the year, the interested partyweds or cohabits matrimonially with another person, or if such interestedparty seriously neglects his duties towards the children that are common tosuch party and the decedent.

3. If the decedent was the renter of the common dwelling, the cohabitantis entitled to subrogate himself in the terms established by the legislation ofurban or city rentals.

Chapter IIThe homosexual stable union

Article 19

The homosexual stable union

The provisions contained in this chapter are applied to stable unions of

couples formed by individuals of the same gender who cohabit matrimoni-


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ally and who state their will to abide by these provisions in the form that isprovided.

Article 20Personal requirements

1. The stable union that is the object of this set of rules may not be con-stituted by:

a) Persons under age.b) Individuals linked by marriage bonds.c) The persons who form a stable union with another person.d) Relatives in a straight line of consanguinity straight line.e) Collateral relatives through consanguinity or second degree of adop-

tion.2. At least one of the members of the couple must be an official resident

of Catalonia.

Article 21

Accreditation

1. These unions shall be accredited by means of a jointly executedpublic instrument.

2. It shall be stated on the mentioned public instrument that none of themembers are included in any of the suppositions established in paragraph 1of article 20.

3. These unions produce all their effects from the date of the authori-sation of the mentioned document.

Article 22

Ruling of the cohabitation

1. The members of the stable couple may rule validly, either verbally, in

writing by means of a private or public instrument or deed, the personal andpatrimonial relations deriving from the cohabitation and the respective rightsand duties. They may also regulate and govern the economic compensationsthat are appropriate in the event of termination of the cohabitation, with theminimum rights that are governed in this chapter; these may not be givenup until they become enforceable.

2. If there is no pact or covenant, the members of the stable couple mustcontribute to the sustenance and support of the household and to commonexpenses with the domestic chores and by means of their unpaid personal or

professional collaboration or by means of the insufficient retribution to the


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profession or business of the other member, with the resources from theiractivity or their assets. If these are not sufficient, the members shall contri-bute proportionately to the amount of their assets. Each member of the cou-

ple preserves the ownership, the enjoyment and the administration of theirown assets.

Article 23

Common expenses of the couple

1. The common expenses of the couple are those that are necessary fortheir support, and for the support of any son and daughter of one of themembers of the couple, who cohabit with the couple, in accordance withtheir customs and lifestyle, and particularly as follows:

a) The sustenance expenses, in the widest sense of the term.b) The expenses incurred to preserve and upgrade the dwellings or other

assets used by the couple.c) The expenses deriving from preventative, medical and sanitary care.2. The expenses deriving from the management and protection of each

members estate and, generally speaking, the expenses resulting from theexclusive interest of one of the members shall not be deemed to be commonexpenses.

Article 24Liability

With regard to third parties, both members forming the couple are jointlyand mutually responsible for particular duties deriving from the common ex-penses as established under article 23, provided that such expenses are appro-priate to the customs and the lifestyle of the couple. In any other case, themember who has contracted the duty shall be answerable and responsible.

Article 25

Guardianship

Should one of the members of the couple be pronounced incompetent,the cohabitant shall occupy the first position in the order of preference in thedative offer.

Article 26

Provision of support and sustenance

The members of the stable couple are obliged to provide support and

sustenance to each other, with preference to any other person obliged.


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Article 27

Benefits in respect of the official duty

With regard to the official duty of the Administration of the Generalitat,the cohabitants enjoy the following benefits:

a) The benefit of voluntary retirement, with a minimum duration of twoyears and a maximum duration of fifteen years, if the cohabitant of the civilservant resides in another town owing to the fact of having obtained a defi-nite position as a portfolio civil servant in any public administration, au-tonomous body or managing institution of the Social Security organisation,in constitutional institutions or Judicial Power governing bodies.

b) A two-days leave benefit in case of death or serious illness of the civilservants cohabitant, if the death or the illness occur in the same town, and

a four-days leave if such events take place in a different town or city.c) The reduction of a third or half of the workday, as well as the propor-

tional reduction of the individuals basic wages and complementary earnings,including the triennials, on grounds of the cohabitants physical incapacity,while the individual cohabits with such cohabitant. This reduction is incom-patible with the exercise of any other activity, regardless of whether it is paidor not, during the time that is the object of the reduction, and may be submit-ted to the rules that are established by the senior officials and top authorities.

Article 28Disposition of a common dwelling

1. The cohabitant who is the owner of the common dwelling or of thefurniture that is customarily used may not carry out any act of alienation,encumbrance or, generally speaking, may not dispose of his own right insuch way that the use of such dwelling or furniture is endangered, withoutthe other cohabitants consent. If such consent is lacking, a judicial authori-sation shall be required for any of the above acts.

2. Any act performed without consent or authorisation requested for

paragraph 1 may be annulled upon request of the other cohabitant within theterm of four years from the date at which such cohabitant has become ac-quainted with the fact, or from the time at which the act is registered at theLand Registry.

3. The annulment allowed in paragraph 2 shall not be appropriate whenthe acquirer acts in good faith and in an onerous manner if, in addition, theowner has stated that the building was not a common dwelling, even if thisstatement is inaccurate. However, the person who has disposed of the build-ing shall be responsible for the damages caused, in compliance with the

applicable Act.


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Article 29

Effects of the breakdown

1. In the case of breaking-off of the cohabitation, the cohabitants maynot officially sanction a stable union with another person by means of apublic instrument until six months have lapsed from the date at which theaforementioned cohabitants have left without effect the public deed of theprevious cohabitation.

2. Any act infringing the prohibition established in paragraph 1 shallbe null and void.

Article 30

Extinguishment or termination of the union

1. Stable unions are extinguished or terminated due to the followingcauses:

a) By common consent.b) If one of the members of the couple decides unilaterally to cease the

cohabitation. Such will shall be reliably and irrefutably notified by onemember to the other member.

c) Due to death of one of the members of the couple.d) If the members have been physically separated for over one year.

e) If one of the members decides to wed.2. The two members of the couple are compelled to leave without effectthe public instrument that may have been executed, even if this is doneseparately.

3. The extinguishment or cessation implies the revocation of the powersthat any of the members may have granted in favour of the other member.

Article 31

The effects of the extinguishment or cessation of the union, while the cohab-

itants are alive1. When the cohabitation ceases while the two cohabitants are alive, the

cohabitant who has worked in benefit of the common dwelling or for theother cohabitant, receiving either no compensation or an insufficient com-pensation in exchange, shall be entitled to be granted an economic compen-sation from the other cohabitant, in the event such circumstance has causeda situation of inequality between the wealth of both cohabitants that impliesan unfair enrichment.

2. Any of the two members of the couple shall be entitled to claim a pe-

riodic alimony from the other member, should the former need it, in order


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to appropriately attend to his own support, should the cohabitation have de-creased the capacity of the applicant to obtain earnings.

Article 32Exercise of the rights

1. The rights regulated by article 31 are compatible. However, they needto be jointly claimed so that they may be appropriately pondered.

2. The claim for the rights shall be formulated within the term of oneyear from the cessation of the cohabitation.

3. The payment of the compensation shall be made effective within themaximum term of three years, together with the relevant legal interests fromthe moment at which the acknowledgement has been made. The compensa-

tion shall be paid in cash, unless there is an agreement between the parties,or unless the judge, due to a justified cause, authorises that the payment ismade with assets of the obliged cohabitant.

4. The duty of payment shall cease in the term of three years from thedate at which the first alimony payment has been made, for the generalcauses of extinguishment of the entitlement to support and sustenance andat the moment in which the person who receives the alimony weds or cohab-its matrimonially.

5. The periodic alimony shall be decreased or extinguished insofar as the

imbalance such alimony compensates decreases or disappears.

Article 33

Extinguishment or cessation due to death

In case of death of one of the members of the couple the cohabitationof which is officially stated, the surviving cohabitant shall be entitled to thefollowing:

a) To the ownership of the laundry, furniture and fixtures and householdequipment of the common dwelling and such items shall not be included in

the surviving cohabitants hereditary assets. However, this surviving coha-bitant does not gain access to the ownership of the properties consisting in

jewellery or artistic objects, or other objects having an extraordinary valuebearing in mind the lifestyle of the couple and the estate of the deceasedperson, particularly furniture previously belonging to the family of thedecedent, or the portion of such items belonging to the decedent.

b) To reside in the common dwelling during the year following the deathof the cohabitant. This right is relinquished if, during the year, the interestedparty weds or cohabits matrimonially with another person.

c) If the decedent was the renter of the common dwelling, the cohabitant


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is entitled to subrogate himself in the terms established by the legislation ofurban or city rentals.

Article 34

Intestate succession

1. In case of death of one of the members of the couple the cohabita-tion of which has been officially stated, the surviving party has the followingrights in the intestate succession of the decedent:

a) Concurrently to the descendants or ascendants of the decedent, thesurviving cohabitant lacking sufficient economic resources to support himselfmay exercise a personal action in order to claim to the heirs of the decedent

the granting of inheritance assets or the equivalent of the same in money,up to one quarter of the inheritance value. The surviving cohabitant mayalso claim the proportional portion of the fruits and revenues of the inheri-tance perceived from the death of the deceased cohabitant, or the equivalentof the same in money.

b) Should the decedent have no issue, descendants or ascendants, con-currently to the collateral relatives of the decedent, up to the second degreeof consanguinity or adoption, of the children thereof, if they have died, thesurviving cohabitant is entitled to half the inheritance.

c) Should there be none of the individuals listed under paragraph b), thesurviving cohabitant is entitled to the whole inheritance.2. In the case defined under letter a) of paragraph 1, the following cri-

teria need to be applied:a) In order to establish the amount of the credit, it is necessary to de-

duct the assets and rights that the decedent has assigned to the cohabitantin the formers inheritance, even if the cohabitant renounces to it, togetherwith the assets owned by the cohabitant and the revenues and wages per-ceived by the latter, which shall be capitalised for this purpose at the legalinterest rate of money.

b) The amount of the credit is limited to the properties or the moneynecessary to provide the surviving cohabitant with sufficient economicmeans so that he may support himself, even if the amount of the quarter ofthe decedents estate is higher.

c) The credit in favour of the surviving cohabitant is relinquished bywaiver made subsequently to the death of the principal; by marriage, mari-tal cohabitation or new relationship of the surviving cohabitant before thelatter files his claim; if the surviving cohabitant dies before claiming thecredit, and by expiry after one year has lapsed from the death of the prin-

cipal.


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Article 35

Testate succession

In the testate succession of the deceased cohabitant, the surviving coha-

bitant is entitled to the same right provided in article 34, paragraph 1.a.,through the application of the criteria established in paragraph 2.

Additional provision

While the State fails to legislate on the matters regulated by this Act andon the relevant judicial competence, the regular jurisprudence shall proceedto the acknowledgement of such matters by applying the established pro-ceeding.

Temporary provision

The time of cohabitation lapsed before the present Act goes into effect,between members of a homosexual couple, shall be taken into account forthe purposes of calculation of the two years to which articles 1 and 2 refer,only if the two members of the couple and, if need arises, the heirs of thedecedent, agree.

Final provisions

First

The Generalitat, among its regulatory competences, must regulate by lawthe specific fiscal treatment that is appropriate to each of the modes of union

to which this Act refers, with regard to the following taxes:a) Personal income tax.b) Death duties / Inheritance and Donation Tax, as regards acquisitions

through succession.

Second

If the State legislation provides the registration at the Registry Office ofthe unions regulated by this Act, the effects granted by the Law to suchunions shall be understood as referred to couples who do register at the

Registry Office.


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Third

This Act shall go into effect three months from its publication at theOfficial Gazette of the Generalitat de Catalunya (Diari Oficial de la Gene-ralitat de Catalunya).

I therefore instruct that all citizens to which this Act applies contributeto its compliance and that the competent courts and authorities enforce such

Act.

Palace of the Generalitat, 15th July 1998

JORDI PUJOLPresident of the Generalitat de Catalunya



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ACT 19/1998 OF 28th DECEMBER,REGARDING COHABITATION SITUATIONS

FOR MUTUAL ASSISTANCE

(DOGC no. 2801, 8 January 1999, p. 213)

THE PRESIDENTOF THE GENERALITAT DE CATALUNYA

This is to inform all the citizens in Catalonia that the Parliament of Ca-

talonia has approved, and myself, in the name of the King, and in accor-dance with what is provided in article 33.2 of the Statute of Autonomy, Ihereby promulgate the following

ACT

Preamble

At the margin of marriage and of stable relationships led by couples,Catalan society currently presents other forms of mutual assistance cohabi-tation, particularly with regard to elderly people who attempt to solve theirdifficulties.

On grounds of the juridical survey that has been conducted by usingaccurate and reliable sociologic statistical data and the different solutionsprovided by comparative jurisdiction which have been duly analysed, theconviction has been reached that it is appropriate to establish a regulationfor situations of cohabitation of individuals who, although they do notconstitute a nuclear family, share the same home, are united by bonds ofkinship with no limit of degree in the collateral line, or based upon sim-ple friendship of comradeship, and who join and share their patrimoniesand domestic chores, willing to mutually assist each-other on a permanentbasis.

Since these situations are highly heterogeneous and different from cou-ple relationships, there is no reason whatsoever to restrict the number ofcomponents to two, nor to exclude the siblings who constitute the main

nucleus of these relationships.


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In the current situation in which the population is progressively ageingas a consequence of the prolongation of the life of individuals and the de-creased birth rate, a protectionist legal regulation that encourages this type

of cohabitation may provide a solution for many elderly individuals, whomight find a way to solve the financial and social difficulties they are con-fronted with. On the other hand, such regulation may also contribute toprevent that such elderly people become isolated in geriatric institutions.

This Act is articulated in nine articles, a temporary provision, an addi-tional provision and a final provision.

The legislative treatment of these cohabitation modes has been restrictedto the setting of the competences granted by article 9.2. of the AutonomyStatute of Catalonia on issues regarding the conservation, modification anddevelopment of proper civil law.

Article 1

Concept of mutual assistance cohabitation

The provisions in this Act are applicable to the cohabitation relationshipof two or more individuals in one same usual home. Although such indivi-duals fail to constitute a nuclear family they share, based upon a will of per-manency, common expenses or household chores or both things, regardless

of whether the distribution of the mentioned expenses and chores is equalor unequal, and regardless also whether the economic burden is assumed byjust one or several of the cohabitants, and whether the household chores arecarried out by the other or other cohabitants.

Article 2

Components of the relationship

1. The components of mutual assistance cohabitation relations are in-dividuals who are of age, who do not share links of straight line kinship, who

may be related through the collateral line with no limit of degree, or elseshare a relation base on simple friendship and comradeship.2. The number of cohabitants lacking the kinship defined in paragraph

1 is limited to four.3. Persons united by a subsisting marriage or involved in a stable rela-

tionship are excluded from the definition provided under paragraph 1.


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Article 3

Constitution and accreditation

Cohabitation situations that are the object of this Act shall be accredited

by means of a public deed or of a notarial affidavit through which the co-habitation is legalised, from which the said cohabitation is fully effective. Onthe other hand, the cohabitation shall also be legalised when two years ofcohabitation have lapsed, which shall be accredited by a notarys certificateor affidavit.

Article 4

Regulation

1. The cohabitants may establish either orally or by means of a privateor public deed the covenants that shall govern the cohabitation, their respec-tive rights and duties, including the causes and rules for the extinguishmentof their cohabitation relationship.

2. The covenants may be modified verbally, by means of a private orpublic deed, depending on what the parties establish.

Article 5

Extinguishment or termination of the cohabitation

1. Cohabitation relations become extinct owing to the following reasons:a) Through the mutual agreement of all the cohabitants.b) Through the unilateral wish of one of the members.c) Due to marriage or establishment of a stable relationship of one of the

members.d) Due to death of one of the members.e) Owing to the causes established by the covenant made between the

cohabitants.2. In the cases of letters b, c and d of paragraph 1, the cohabitation may

continue, with the modifications that might be necessary in the regulating

covenants between the cohabitants that do not share the will to extinguishthe cohabitation or, if that should be the case, between those that have notbeen excluded by article 2.3 and the surviving members. When the cohabi-tation is cancelled, it shall be necessary to revoke the public deed or notarialinstrument of constitution.

3. In no case whatsoever can the permanence of the cohabitation impairthe rights of the cohabitant or cohabitants who may have separated from therelation nor the rights of the heirs of the predeceased member.

4. In the cases described under letters a, b, c and d of paragraph 1, the

powers of any of the members who, having separated from the cohabitation,


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has granted powers in favour of the other member or members or who haspowers granted in his favour, shall be revoked.

Article 6Effects of the extinguishment in respect of the residence

1. If there is no pact or covenant and the extinguishment takes placewhile all of the cohabitants are alive, those who are not the owners of theresidence shall have three months to abandon the dwelling.

2. Still in the case of there being no pact or covenant, if the extinguish-ment takes place due to decease of the owner of the residence, the remain-ing cohabitants shall be entitled to continue residing in the dwelling for aperiod of six months.

3. If the decedent was a renter of the residence, the cohabitants shall beentitled to substitute the person in whose name the rental is formalisedduring a period of one year, or for the amount of time that still has to lapseuntil the extinguishment of the contractual term, if this is less than one year.

4. The situation of joint-renters needs to be resolved through agreementof the affected parties; should this be lacking, the resolution shall be made

judicially or through arbitration. The judicial dictum may order a compen-sation in favour of the most harmed and damaged cohabitants at the debitof the other co-renter or co-renters.

Article 7

Economic compensation on grounds of work

When the cohabitation ceases during the lifetime of the cohabitants, theone of these who works for the other cohabitant or cohabitants without re-ceiving due compensation should an economic inequality arise for thisreason which implies an unfair enrichment shall be entitled to a financialcompensation at the expense of the beneficiary or beneficiaries. This finan-cial compensation shall be fixed through agreement of the members involved

and should this agreement be lacking, the compensation in question shall besettled by means of arbitration or judicially, bearing in mind the followingcircumstances:

a) The previous pacts and covenants made between the parties.b) The dedication to the other or others.c) The duration of the cohabitation.d) The financial means of the parties involved.


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Article 8

Regular pension in case of death

1. Should the cohabitation cease due to death of one of the cohabitants,

the remaining cohabitant or cohabitants that were either partially or totallysupported by the decedent during the last year of the cohabitation prior tothe death who lack sufficient economic means to support themselves shallbe entitled to obtain an allowance for necessaries from the heirs of the de-cedent, during a maximum period of three years. The amount of such pen-sion shall be settled by mutual agreement of the parties involved and, shouldthere be no agreement, it shall be established judicially or through arbitra-tion. In order to establish the amount and the duration, the following fac-tors shall be taken into account:

a) The cost of the sustenance.b) The amount of time during which the remaining cohabitant or cohab-itants were supported.

c) The estate bequeathed by the decedent. The capitalisation of the pen-sion, at the legal interest rate, cannot exceed half of the value of the estatebequeathed by the decedent if the heirs are the descendants, ascendants orcollateral kinship up to the second degree of kinship of the principal, unlessthey are minor or handicapped, in which case the limit shall be one fifth ofthe value of the inheritance.

2. There shall be no entitlement to obtain a pension if this has beenagreed on the constitution deed of the set of rules governing the cohabita-tion, if any.

Article 9

Expiration of actions

The actions to exercise the rights to which articles 7 and 8 refer expireafter one year from the ceasing of the cohabitation.

Temporary provision

The time of cohabitation lapsed before the going into effect of this Actof the members of situations of mutual assistance cohabitation shall be takeninto account for the purposes of the calculation of the two years to whicharticle 3 refers, only if all of the cohabitants involved and, if necessary, theheirs of the decedent agree to it.


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Additional provision

1. In the scope of the competences assumed by the Generalitat in theframework of Act 14/1996 of 30th December, on the assignment of State

taxes to autonomous communities and of complementary fiscal measures,the situations of mutual assistance cohabitation have, in respect of the suc-cession and granting tax and in respect of the acquisitions mortis causa ofone of the cohabitants in the inheritance of the other cohabitant, the assimi-lation to relatives belonging to the III Group.

2. For the purposes of what is established in paragraph 1, the survivingcohabitant or cohabitants shall accredit the existence of the mutual assis-tance cohabitation by means of a public deed with which the relationship hasbeen formalised and legalised. Such deed must have been instrumented at

least two years prior to the death of the principal, or else by means of anotarial act of the cohabitation and of the lapsing of the minimum period oftwo years of such cohabitation.

Final provision

This Act shall go into effect on the day following its publication in theDOGC (Official Gazette of the Generalitat de Catalunya).

I therefore instruct that all citizens to which this Act applies contributeto its compliance and that the competent courts and authorities enforce such

Act.

Palace of the Generalitat, 28th December 1998

JORDI PUJOL

President of the Generalitat de Catalunya



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It is precisely in order to provide a legal answer to these emerging social

situations that the Generalitat of Catalonia has encouraged the approval

by the Catalan Parliament of two acts. These two acts, which attribute

legal effects to certain co-habitation relationships, inspired in the princi-ples of equity, justice and responsibility, are the Act 10/1998, of 15 July,

regarding stable pair relationships and the Act 19/1998, of 28 December,

regarding cohabitation situations for mutual assistance.

spain_catalonia_official english version of 1998 partnership act

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