Legal evolution of marriage in Spain from c.1450 to the present
It is not possible to make a universal definition of marriage, because what is understood by it will depends on the location and time in which we find ourselves. Focusing on Western societies, social changes have forced the legislator to make a large number of modifications. That is why, both from a cultural and legal point of view, the most drastic changes in the conception and regulation of marriage have taken place in the last century. In Europe, marriage may have had some common ground during the period c. 1450 to present day for a number of reasons, e.g. because of their Christian heritage, at first, or because of the codification, later. Subsequently, constitutional texts and instruments on human rights have led to a marriage revolution.
The purpose of this proposal is to present and analyze the transformation experienced by certain aspects related to marriage in Spain, specifically, the legal age for marriage, which has undergone several changes from c.1450 to recent times; divorce properly understood, which was prohibited from the Siete Partidas until the Second Republic, being abolished again during the Franco dictatorship and reinstated by Law No. 30, 7 July 1981; same-sex marriage, which was not possible until Law No. 13, 1 July 2005, and finally, second marriages, barely covered by law, with a special reference to the role of divorce in increasing the number of second marriages, contrasted by the greater number of these in the States where divorce was introduced earlier.
Celia Carrillo-Lerma is PhD in Law by the University of Murcia (Spain). She obtained her doctorate cum laude and the Mention of “International Doctor” in 2021 for a thesis on stepfamilies. She is currently a lawyer in practice, an Associate Lecturer in Civil Law in the ISEN (Faculty attached to the University of Murcia) and a researcher hired by the University of Murcia for the performance of the management and coordination functions of the UE Jean Monnet Module “VINCE” (“Victimology: New Challenges for Europe”) (611325-EPP-1-2019-1-ES-EPPJMO-MODULE). She has completed a pre-doctoral stay at the University of Verona (Italy), has participated as speaker in several conferences and has several publications in specialized journals and collective publications. She has coordinated the collective work AGUILAR CÁRCELES, M.M., CARRILLO LERMA, C. (Eds.), Victimología y menores: Un enfoque transversal, Madrid, Marcial Pons, 2020. ISBN: 978-84-9123-848-5.