Valencian lawyers seek to improve civil law by taking advantage of constitutional reform

It’s a question “procedural economics”As defined by lawyers. That is, take advantage of the constitutional reform that is taking place, the aim of which is to replace the term “disabled” with the term “handicapped”. “disabled people” Addition of a paragraph to the second additional provision of Article 49 of the Constitution – Magna Carta, allowing the restoration of Valencian civil law.

This longing is not new. It has historical roots dating back to the 19th century. Battle of Almansa, 1707 When Philip V abolished the Fueros, the rules of public and private law granted to the Valencians in the 13th century. Three hundred years later, in 2006, Statute of Autonomy reform It included the improvement of Valencian civil law as part of the process of developing self-government, an organization that allowed the publication of three laws related to the family, Addressing issues such as marital property regime, joint custody of children and de facto partnerships.

However, In 2016, the Constitutional Court annulled these laws.leave about 300,000 Valencians affected. In 2020, the Valencian Cortes approved a bill to reform the Constitution and reinstate Valencian civil law. Suggestion that everyone supports Groups other than Ciudadanos and Vox, It was passed for action in Congress, but was on hold due to the election being called.

Like this “Valencia change”presented this Tuesday by Compromís and supported by the Committee of representative organizations disabled people (CERMI) aims to benefit from the ongoing constitutional reform. Add a paragraph allowing the recovery of Valencian civil law. The joint processing aims to speed up the process and meet the historical demand of the Valencian society in legal matters.

“In 2006, Federico Trillo already understood that this was a way to correct discrimination against Valencians and for four years this issue has already been discussed, it is necessary to withdraw the powers contained in our 2006 Statutes, in which Valencian civil law is structured as the axis of government,” explains José Ramón Chirivella, president of the association Valencian jurists. “What we now have are Valencians who are married under a shared custody regime or under a de facto couple regime, who are already legal and whose social rights have been left uncertain. “We just want it to be enacted and done with maximum unanimity.”

These civil law laws, which were in force until 2016, affect citizens in different ways. One of these, Valencian Marriage Economic Regime Law 2007, has been in use for almost a decade and was the first attempt to create a new civil code that had its origins in jurisdictions while respecting the constitution. This law introduced concepts such as rSeparation of property regime unless the couple chooses another different regime wave Evaluation of household chores to compensate the weaker party in case of marriage breakdown.

“Advantages of promoting Separation of Ownership allowed married couples to separate family member’s personal assets without the need to apply to a notary. This distinction is important because it means that the actions you take on a professional level do not affect your family. This is how you protect your family legacy and yourself“Chirivella explains. “If the amendment is approved next Thursday Valencian Courts “They can re-legalize the way they think about marriage, like this figure, which is one of the most impactful on society.”

Another of the most striking regulations is Law on family relations of boys and girls whose parents do not live together, This law, also known as the Valencian Joint Custody Law, was approved in 2012. “This rule, which was put forward to share custody primarily in divorces, Seeking the interests of minors and speaking for the first time on important issues such as the common use of the housing regime, Chirivella stands out.

The laws enacted at that time were also response to hereditary issuesIt offers ten solutions such as. Legitimate rights and entitlements of widows and stable partners. The regulations recognized, for example, the following rights: “Anyway”This allowed the couple to enjoy the deceased’s habitual residence for a year as part of his estate.

“For the province of Alicante, first of all, Law on Family Relations of Girls and Boys whose Mothers and Fathers Do Not Live Togethersince 2012 organized the transfer of family businesses, which are the most common in the region“says Chirivella. “In a family business, when you have to decide who or who will manage it when the founder dies, it is difficult to calculate its legitimacy. Often heirs do not have the same capacity, training or interest, and if value must be distributed, it is possible that many companies will not pass it on from generation to generation, which can be a social drama.”

This law allowed interesting “disinheritance” to your grandchildren. One of the reasons for this procedure is that there is no family connection between the heir and the deceased. attributing responsibility for the absence in question to the heir himself.

An important moment

In a critical week for the Valencian Community, Commitments He pointed firmly at the People’s Party and the Socialist Party. “Block the reform of the Valencian Civil Code”defines it as a solution necessary to solve the problem “historical problem” From the Valencians. The offer will not require any budget changes and will be equalized depending on education, “To the Valencian Community together with six other autonomous regions with regional tradition”, It currently faces resistance from the two main groups in Congress, the PP and the PSOE.

At a rally called Legal Valencians in Plaza de los Fueros de València, called on Valencian MPs of all parties not to vote against this proposal. If the initiative is not successful, a reform of the system will be required. Charter Autonomy would include the return of the Valencian civil code, but then A referendum is required for its approval.

Valencian socialists They expressed support for improving the Civil Code, but stated that “the PP is solely responsible for preventing the inclusion of the Valencian Civil Code in the constitutional reform.” PSPV criticized “The PP refuses to expand the agreement beyond the term ‘disabled’ and promises to continue working so that Valencians can pass their own regional law.”

HE Popular Party of the Valencian Community defended the necessity on his own behalf “Recover and maintain the markers of Valencian identity through civil law”. The popular ones emphasized their historical support for measures for the reintegration of Valencian regional law, recalling the approval of laws such as joint custody, de facto unions or separation of property during their own government, and criticized the meeting organized by Compromís this Monday. like “staging” for “To whitewash their support for the decisions of the Sánchez Government.”

from Valencian Business Confederation (CEV), President Joaquín Pérez underlined that this moment represents an opportunity “It is a fair demand to roll back the Valencian civil code.” Pérez criticized the Valencian Community for turning its back on this issue, which he compared to the change in the financing model. “This approval will give us more freedom, especially in the field of business.

general secretary CCOO In L’Alacantí – Les Marines, Paco García called on political formations to put this situation aside. “sacrificial” To seek a “status” appropriate to the history of the Valencian Community. “This is a historic moment; it is time for the Valencian Community to demand and obtain identity rights that will enable us to place ourselves where the Constitution should have already given us after 300 years of punishment.”

In his own name, secretary UGT In L’Alacantí – Les Marines, Yolanda Díaz stated that it was: Opportunity for the Valencian Community to be on par with other regions such as Catalonia or Aragon They have similar measures. “In a way, this is an opportunity to be able to vote for this reform and equalize ourselves with historic lands as they are now.”