The surviving spouse in Spanish law

Abstract

This article tackles the problems arising from the breaking of the matrimonial bond due to the death of one of the spouses and how the different Spanish legal systems have regulated this transition and its personal and economic effects on the surviving spouse. Tempus lugendi, second marriages, dowry restitution, curtsey rights and custody are some of the problems studied. The legal systems of the “Foral” Valencia, Catalonia and the territorial law of Castile have been the backbones of this piece of research, with some occasional references to Aragon and Navarre. Notwithstanding the partiality of this approach, I think that a clear view is offered of what is both the unity and diversity of the legislations, the common roots and specific solutions.