When the Spanish government decreed the state of alarm in March 2020, certain fundamental freedoms and rights of citizens were restricted, such as:
1) limits were placed on public use of the roads or public spaces.
2) vehicular movement was restricted with the same exceptions as applied to the movement of people..
3) Roads or sections of roads were closed to traffic or restricted to certain vehicles for reasons of public health, safety or traffic flow.
The ruling of the Constitutional Court of 14 July 2021 has an evident implication because the 3 annulled clauses imposed restrictions on very basic rights (the right of movement of persons and vehicles) and this raises two questions.
Tourist apartments are a source of many conflicts in communities of owners as they represent the continuous movement of people through a building for its occupants, as well as the insecurity generated by the access of all types of strangers at all hours of the day and night, without the community of owners being able to exercise any control. Moreover, since the emergence of Covid-19, illegal parties have been held in some of these properties, bypassing restrictions on gatherings established to try to control the spread of coronavirus and increasing the chance of contagion. In this context, the question arises as to whether neighbours have a legal obligation to tolerate the presence of tourist accommodation in their complex.
A singular judgement of the Provincial Court of La Coruña of 2 February 2021 sentenced a husband to return an inheritance bequeathed to him by his deceased wife because he had failed to comply with the condition imposed in her Will of not remarrying. Consequently, the husband was ordered to return the assets received as inheritance, declaring null and void any transfers he may have made and any registry entries.
The case in question is particularly strange since the husband had not actually remarried after his wife’s death but had cohabited with another woman for a long time, behaving socially as a couple with all the appearance of an actual marriage including sharing a home. On his second partner’s death, the defendant even described himself as her husband on her gravestone.
Consequently, the court declared the first wife’s two brothers as her heirs, annulling all the property transfers that the husband had made from the inheritance he had received from her.
On 25 June 2021, the new law 3/2021 of 24 March regulating euthanasia in Spain comes into force in Spain. This law is a very important milestone in our country since from its entry into force, in certain circumstances and under conditions set out in the law (medical supervision and health professionals), one can voluntarily end one’s own life (active euthanasia). Continue reading “LIVING WILLS AND THE RIGHT TO A DIGNIFIED DEATH”