STABLE PARTNERSHIPS AFTER THE DECLARATION OF PARTIAL UNCONSTITUTIONALITY OF THE FORAL LAW 6/2000, OF 3 JULY: BACK TO DE FACTO PARTNERSHIPS

Abstract

This paper analyzes the legal position of people in stable partnerships after Sentence 93/2013, of 23 April, which partially revokes Navarrese Foral Law on the subject. Although this sentence respects autonomous jurisdiction when legislating on extra-marital cohabitation, it does so by replacing the stable partnership concept with that of the de facto partnership and prohibits ex lege attributions relating to couples in such circumstances, which means it practically eliminates the contents of the Foral Law and allows the latter, and therefore the other autonomic laws dealing with the subject, to contain norms whose efficacy is of need subject to prior acceptance by the cohabitants. And all this for the sake of free development of the persona, and, principally, in order to emphasize a conceptual difference with marriage, and thus to avoid the real problem with the Foral Law, as is its incidence on the marital system and the resulting breach of Article 149.1.8 of the Spanish Constitution.