THE PROMISE OF MARRIAGE IN THE SPANISH CIVIL CODE: REVIEW FROM LEGAL REGIME AND PATRIMONIAL CONSEQUENCES OF BREACH OF BETROTHAL.

Abstract

In the present study we analyze the promise of marriage regulation [arts. 42-43 CC] and the implications that this act brings to the promisors. In the text we focus on the study of article 42 CC from its mediate precedent until the definitive legal text given after parliamentary processing of the Law no. 30/1981. After the description of the juridical evolution of the extent, we take care of the juridical value of the obligation, underlining that the provision still denies its character as source of duty of marriage, since it implies solely a marriage agreement with another person, but from a legal perspective it does not imply any obligation of getting married. This work also points out, as an innovation, the lack of effects of legal standards in case of promisors don't get married , and also study the non admittance of procedure of the lawsuit about the promise compliance. Additionally, we look carefully at punctual modifications on article 43 CC regarding the regulation of this legal entity; we analyze various doctrines adopted since long time ago referred to the nature of the extent, and to the basis of indemnity responsibility, and finally to the amendment due to requirements and to the scope of monetary compensation. Finally, we take a look to the impossibility of reimbursement of loss of earnings and moral damages coming from breach of promise without a cause.