The involvement of ignored spouse in Community property

Abstract

In this paper, we will try to provide readers with answers in procedural law for ignored spouse to exercise actions and power regarding Community property in substantive order with regards to a suitable protection of interests of their Community property. The exposition focuses on: a) On one part, cases in which the inefficiency of the legal relation established between one of the spouses and a third party and, b) On the other, acts of defence and possibility of establishing it, in cases in which one of the spouses had acted, without considering the involvement of the other, against the general principle of concurrency of acts and contracts involving community property or that shall be made effective on them; governing principle resulting from the constitutional obligation of equality between men and women. This paper aims to expose the practical reality deduced from a custody pretension embedded in Courts of Justice, regarding the legal basis that, within the substantive scope, is provided to each spouse by the Spanish Civil Code, as a result of the non satisfaction caused by the operative parts of the judgements that Supreme Court generally adduce that we have been able to find and, necessarily, proposing alternatives based on the legal text itself.