La invención del régimen franco-alemán de participación en las ganancias: un recorrido a través de su historia en la tradición jurídica europea

Résumé

The community of accrued gains system was introduced more than forty years ago in the Spanish legal system together with the separate and community property systems, commonly applicable to marriages. Its introduction embodied the prospect for it to become a valid alternative, capable of dealing with the disadvantages of the other two matrimonial property systems. Since then, however, its lack of tradition in Spanish legal history has been materialized in a high degree of suspicion towards its application by legal practitioners, which has eventually condemned it to an absolute oblivion, even in the field of teaching and research. In contrast, this situation has no comparison with the experience lived during the same period of time in other European legal systems, in view of the evolution that their matrimonial property systems have experimented since the appearance of the community of accrued gains system. Consequently, this work will undertake a journey through its history in the European legal tradition with the aim of highlighting its interest both for the Spanish legal system and for a future unification of matrimonial property systems within the European Union.