El matrimonio español a través de los deberes conyugales
Spanish marriage through marital duties

Summary/Abstract: In celebrating civil marriage, the Civil Code’s articles 66 to 68 dictate the „rights and duties of spouses”, establishing equal rights and obligations for both husband and wife before the law, granting them the same rights and obligations. The articles also list several duties of spouses towards each other, such as respect, acting in the family’s interest, mutual help and assistance, and domestic co responsibility. The interpretation of these duties has evolved, enshrining a new conception of marriage. However, these duties are not enforceable by law, as spouses cannot legally demand that their partner fulfils their obligations. Failure to fulfil personal duties within marriage is no longer considered a criminal offense. The present work analyzes the Spanish civil marriage from the perspective of marital duties. The paper discusses: a) the duty of coexistence concerning the de facto separation; b) the duty of co responsibility that originates a pension due to the housework at the termination of the separation of property regime; c) the obligation to protect the duty of co responsibility between spouses by the public administration for labor and social benefits; d) failure to comply with the duty of fidelity as it leads to false attribution of paternity to the husband; and e) marital duties in verifying the marriage, and specifically the role they play in „complacent marriages” for nationality and residence’s purposes. The work is completed with links to cited legislation, jurisprudence, and bibliography.

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