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An Outline of the Catalan Forced Share System
Published online by Cambridge University Press: 28 February 2019
Extract
It has been held that the traditional Catalan design of the legitime or forced share is, together with the testator's freedom and closely linked to it, the main distinguishing feature of the Catalan law of succession. And this is even more the case since the 2008 reform, by which Book IV of the Catalan Civil Code (hereinafter, CCCat) was enacted, and other traditional principles of Catalan succession were severely eroded.
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- Copyright © 2014 by The Institute for International Legal Information
References
1 Different contributions, in English, regarding the 2008 Catalan reform can be found in Anderson, M.,; Arroyo i Amayuelas, E., (eds.). The Law of Succession: Testamentary Freedom. Gröningen: ELP, 2011. This book also includes a paper by Sergio Cámara Lapuente covering the different fixed share systems in force in Spain; i.e. not only the Catalan and Spanish models, but also those of Aragon, the Balearic Islands, the Basque Country, Galicia and Navarre (pp. 271–305).Google Scholar
2 An overview of recent reforms of the Spanish Civil Code at: Sergio Cámara Lapubnte, New Developments in Spanish Succession Law, vol. 14.2 Electronic Journal of Comparative Law, (October 2010), http://www.ejcl.org/142/art142-9.pdf (last visited 30 October 2013).Google Scholar
3 An English version of Law 10/2008, 10 July, which enacted Book IV of the Catalan Civil Code, is available at: http://www.parlament.cat/web/documentacio/altres-versions/lleis-versions (last visited 30 October 2013).Google Scholar