The attribution of common or private character of properties “causa matrimonii” in the light of the Spanish (causalist) system. Critical analysis of the doctrine of the DGRN/DGSJyFP

Abstract

Although the Spanish transmissive system follows the model known as “title and modus”, the first of these elements (the title) being a sufficient transmissive cause for the subsequent modus to have a transmissive meaning of the domain (article 609 CC), practice shows that this scheme is not applicable to property movements between married spouses under the economic regime of community of gains. The aim of this study is to analyze, respectfully but critically, the line that the DGRN–DGSJyFP has followed on this matter in recent years.