TITLE:
Application of the New Moroccan Family Code in Spain (with a Gender Perspective)
AUTHORS:
Gloria Esteban de la Rosa
KEYWORDS:
Moroccan Family Law; Implementation of the New Moudawana in Spain; Dowry; Mut’a; Dissolution of Marriage by Talaq and Tatliq; Revocable Dissolution; Public Policy
JOURNAL NAME:
Beijing Law Review,
Vol.4 No.4,
December
30,
2013
ABSTRACT: The
application of the Moroccan Family Code by Spanish legal operators is not
simple, to the extent that it is not only a question of knowing its contents,
but also, behind each of its articles and, relating to the institutions
contained in the Code, there is a specific understanding of the world and, more
specifically, family relations. The Spanish
system of Private International Law is to serve as a “communication channel” between legislations which are beginning to
coincide due to the new private international situations taking place in Spain,
as a new foreign population begins to settle, in particular when it comes to
female Moroccan immigrants. In these cases, Moroccan family law may be applied
or considered by the Spanish authorities, favouring thus the recognition of
decisions taken in Morocco.