Social State and Private Law. Spain, 1931

Authors

  • Carlos Petit Universidad de Huelva

DOI:

https://doi.org/10.17811/hc.v0i25.1082

Keywords:

Constitution of 1931, Private law, Legal doctrine, Legislation, Agrarian Reform, Divorce, Civil Marriage, Felipe Sánchez-Román, Demófilo de Buen, Álvaro de Albornoz

Abstract

A study on the Spanish Republican Constitution of 1931 in relationship with the Codes of private law, particularly the Civil civil. Special consideration is paid to articles 43 (property) and 44 (family). Main sources are legal literature, parlamentary proceedings and unpublised documents from the Archivo de Congreso de los Diputados and the Archivo General de la Administración. Their testimony speak, with rare unanimity, upon the ineffectiveness of the Constitution in ordinary legal traffic: constitutional norms were considered as a simple set of principles in need of normative development to become operative rules. It was so the case of the Agrarian Reform, Divorce and Civil Marriage laws, all passed in the First Biennium (1931-1933) following a clearly socialising and, above all, secular political programme.

Enviado el (Submission Date): 06/04/2024

Aceptado el (Acceptance Date): 3/05/2024

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Published

2024-09-03

Issue

Vol. 1 No. 25 (2024): Historia Constitucional N. 25 (2024)

Section

Dossier: Ninety years of the first biennium of the Second Republic

License

Copyright (c) 2024 Carlos Petit

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