A (posthumous) victory for the widows of the polygamy in the Spanish Sahara: the decision of the Higher Court of Madrid of June 14, 2018

Abstract

In the course of 2018 several sentences about polygamy were made by the Spanish courts, with more specific regard to widow’s pension. These decisions are fully consistent with a de­mand not always understood and settled by ours courts. The decision of the Higher Court of Madrid of June 14, 2018 is a recent example of this. This sentence recognizes the right of the second wife of a Spanish soldier of the Territorial Police of the Sahara to receive the widow’s pension. The resolution correctly applies the attenuated public policy and consolidates the Higher Court’s previous case law in this matter, following a change in the case law of the Supreme Court’s decision of January, 24, 2018.