An important moment in Valencian civil law reform
A historical claim anchors this initiative in Valencia, where lawyers, municipal councils, trade unions, business groups, and about 541 organizations rally around the idea of restoring the Valencian civil code. The goal is to re-establish a cornerstone of Valencian legal life within the broader framework of Spain’s constitutional reforms, a move supported by Compromís and allied organizations in Parliament. The objective is to safeguard the keys to Valencian civil law as the constitutional process advances. [Source: Valencian jurists association]
The discussion centers on procedural economics, a term used by lawyers to describe leveraging the current constitutional reform to swap the word disabled for handicapped within the text. The aim is to add a paragraph to the second additional provision of Article 49 of the Constitution, effectively permitting the restoration of Valencian civil law. [Source: legal commentators]
This ambition has deep roots, tracing back to the 19th century and the era around the Battle of Almansa in 1707, when reforms under Philip V curtailed regional laws previously granted to Valencians in the 13th century. In 2006, the Reform of the Statute of Autonomy began a process to strengthen self-government, culminating in the publication of laws addressing family relations, marital property, joint child custody, and de facto partnerships. [Source: historical overview]
Yet, in 2016 the Constitutional Court annulled these statutes, affecting roughly 300,000 Valencians. In 2020 the Valencian Cortes approved a bill to reform the Constitution and reinstate Valencian civil law. Support came from groups beyond political parties, but action stalled due to election timing. [Source: legislative history]
Similarly, the Valencia change proposal presented in public sessions seeks to benefit from ongoing constitutional revision. It would insert a provision to restore Valencian civil law and accelerate processing to meet a long-standing societal demand for legal clarity in Valencia. [Source: civil society statements]
In commentary, José Ramón Chirivella, president of the Valencian Jurists association, notes that 2006 saw a shift aimed at correcting discrimination against Valencians. He argues that the powers recorded in the 2006 Statutes should be withdrawn to place Valencian civil law at the center of governance. He adds that many Valencians are currently married under shared custody or de facto arrangements, with social rights in question. The goal is to enact reforms with broad consensus. [Source: interview excerpts]
The civil laws in force until 2016 affected citizens in varied ways. One example, the Valencian Marriage Economic Regime Law of 2007, introduced modes of separating family assets and recognizing spousal contributions to household duties when a marriage ends. It also allowed marital property arrangements to be chosen without mandatory notarial intervention, underscoring how professional decisions can keep family assets protected. [Source: legal summaries]
Chirivella emphasizes that clarifying ownership and protecting family heritage are central to these reforms. If the amendment passes, Valencian courts would be empowered to re-evaluate marriage arrangements in light of new civil-law principles. The move is framed as a path to social modernization and legal coherence. [Source: expert commentary]
Another notable regulation is the Valencian Joint Custody Law of 2012, which sought to favor shared custody in divorces and address the best interests of minor children, including housing arrangements. Chirivella highlights its significance as the first major rule to place child welfare and shared living arrangements on equal footing within a family court framework. [Source: legislative notes]
The era also saw measures addressing hereditary matters, providing solutions for widows and stable partners and recognizing rights tied to the deceased’s habitual residence as part of an estate. These steps reflected a broader intent to align civil law with evolving social realities. [Source: statutory records]
For the Alicante region, the 2012 family relations law influenced the transfer of family businesses, a common issue when founders pass away. The challenge lay in calibrating legitimacy, as heirs may differ in capacity, training, or interest, affecting long-term succession. The law aimed to prevent family business collapse and avoid social upheaval. [Source: regional analysis]
The legislation also opened pathways to disinheritance and clarified the absence of a direct family tie to an heir, addressing succession in modern contexts. [Source: legal discussions]
An important moment
During a pivotal week for the Valencian Community, Commitments directed focus at the People’s Party and the Socialist Party, labeling a reform of the Valencian Civil Code as essential to resolving a historical grievance for Valencians. The plan is designed to require no budget changes and to be evaluated in light of regional education policies, placing Valencia among six other regions with regional traditions. Resistance comes mainly from the PP and PSOE in Congress. [Source: political briefings]
A rally in Plaza de los Fueros de Valencia urged Valencian MPs of all parties to support the proposal, warning that failure could necessitate a broader constitutional reform and possibly a referendum for approval. [Source: event coverage]
The Valencian Socialists expressed support for improving the Civil Code but argued that the PP blocked broader inclusion in the constitutional reform. PSPV criticized the PP for not expanding the agreement beyond the term disabled, and emphasized continued efforts to enact a regional law favored by Valencians. [Source: party statements]
The Popular Party defended the aim of recovering and maintaining Valencian identity through civil law. They recalled historical measures such as joint custody and de facto unions that were introduced under their governance and criticized the Monday rally as staging to bolster support for national policy moves. [Source: party commentary]
The Valencian Business Confederation (CEV) highlighted the moment as an opportunity to restore the civil code. Its president, Joaquín Pérez, described the move as a fair return of autonomy that would broaden business freedom. [Source: business council remarks]
The general secretary of CCOO in L’Alacantí – Les Marines urged political groups to set aside partisan differences and pursue a status reflecting Valencian history. He called it a historic moment for identity rights that the Constitution should have recognized for centuries. [Source: union statements]
Similarly, the secretary of UGT in L’Alacantí – Les Marines pointed to an opportunity for Valencia to stand alongside regions like Catalonia and Aragon, suggesting the reform would enable a vote that aligns regional identities with historic lands. [Source: labor federation remarks]