Efectos personales del divorcio respecto de los hijos: de roma al codigo civil español

Abstract

This work examines the regulation of the care and custody of children in divorce cases from Rome to the present in the spanish Civil Code. Who decides on it? Were there criteria for this award? What were the criteria used? Analyzes the regulation in Roman law, where it is noted that even emperors Diocletian and Maximian, generally attributed the custody to the father, unless there were very just cause to do timely and necessary attribute to custody mother. From the Emperors Diocletian and Maximian left to judicial discretion and can attribute it to a father, mother or a third person, without limiting. This regulation persist to Justinian, who in the novel 117 shows the criteria to be followed in divorces both guilty as divorce by mutual consent: criteria of guilt and richer. Then examines the reception to the Civil Code: Glossators and commentators: Azon, Accursio, Bartolo de Sassoferrato, Baldo de Ubaldis, Angelus de Ubaldis de Perusio; Humanist, rationalist natural law and usus modernus pandectarum; draft civil Code 1821; 1836; 1851; provisional law on Civil Marriage; draft civil code 1882-1888; civil Code 1889; divorce law reforms 11 september 1932; law 24 april 1958; law 7 july 1981; law 15/2005 8 july.