UNA PRIMERA APROXIMACIÓN A LA NUEVA REGULACIÓN DE LA PARTICIÓN REALIZADA POR EL TESTADOR EN LA LEY 2/2006, DE 14 DE JUNIO, DE DERECHO CIVIL DE GALICIA.

Abstract

Act 2/2006 of 14 June signified the consolidation and implementation of Galician civil law, as shown especially in the realm of succession law. Although the act previously in force (the Act of 24 May 1995) already reflected some of Galician law's special features in partition by the testator and particularly the concept of joint partition (an instrument used in Galicia by spouses for the distribution of the family estate), the new law supplements the old law's system, particularly as concerns revocation, and it furnishes legislative support for some solutions that the courts have been giving in more general matters of partition by the testator, such as the difference between partition and partition rules or the possibility of making a partition in a non-testamentary document. Furthermore, the new take on legitimes underlying the new Civil Law Act of Galicia, which is revolutionary in connection with the Civil Code's approach, leads to a reconsideration of issues that receive a different response than in common law. Also, for the purposes of the act itself, additional provision three regards registered partners who meet certain requirements as equal to spouses in rights and in duties, thus forcing registered partners to be considered potentially able to perform a joint, unitary partition. All these issues are dealt with in this article.