SPANISH MODERN FAMILY LAW THROUGH AN ANALYSIS OF EIGHTY

Since the French revolution, the movement towards greater individual freedoms has significantly impacted the family as an institution, especially during the last decades. In fact, the Spanish Constitution of 1978 represents a Copernican revolution in Spanish family law. This volume, entitled Spanish Modern Family Law through an Analysis of Eighty Landmark Decisions, offers a selected collection of Spanish case-law that takes us on a journey through this body of law, which is based on respect for human rights, the dignity of the person and equality between spouses or cohabitees. It enshrines the best interests of the child as its central axis. Each judgment has been subjected to critical thinking and commentary in order to build a complete framework of this legal field and to provide readers with a unique and pleasant way of engaging with this interesting and even passionate area. Spanish family law is a melting pot where different cultural and legal traditions come together. On the one hand, it is a bridge between the Western European legal world and Latin American law. There is even a strong connection between Spanish and Philippine family law due to historical legal bonds. On the other hand, it is a meeting point between the North European Lutheran vision of family and society and the Mediterranean perspective, resulting from the efforts of the last 40 years to modernize Spanish law and society. Finally, it is a body of law that sails between the waters of continental and common law. This is due to the major reform caused by the adoption of the new procedural law that has given a new role to the case-law of the Spanish Supreme Court. This unique juncture makes Spanish family law so special. In fact, due to its dynamism and innovative spirit, it can be considered as a real research laboratory where the transition to the twenty-first century is taking place. It is a magnifying mirror in which other legal systems can find inspiration. This was the reason for writing this book. It was written in English to make the Spanish experience accessible to all possible interested readers.