THE GENERAL PRINCIPLE OF FREE DEVELOPMENT OF THE PERSONALITY AND AGREEMENTS AMONG LIVE-IN PARTNERS OVER DECISION OF CONSTITUTIONAL COURT 93/2013, OF THE 23RD OF APRIL

Abstract

The recent Decision of the Spanish Constitutional Court 93/2013, of the 23rd of April situates the article 10.1 of Spanish Constitution (general principle of free development of the personality) in the center of legal protection who people who freely choose not marrying deserve. The legislator must respect this free option and isn't allowed to impose them a formation as a couple by fact or a linked imperative juridical regime, if they don't approve it. This Decision reiterates the general opinion that the autonomy of the will of stable couples for organizing their financial or patrimonial relationships (and some personal too) is the best way to give them security and solve disagreements, because nobody knows better than them their actual situation and their expected needs.