The consolidation of a lucid case law on polygamy and pensions: the decision of the Higher Court of Andalusia of May 24, 2018
Abstract
During the year 2018 the Spanish courts issued various judgments on the legal effects that in Spain may have the polygamous marriage legally celebrated abroad. The polygamous marriage is less and less unknown for the Spanish legal system, because is a matter frequently submitted to our courts. The reiteration of these demands has helped to change the judicial perception of this institution: from the absolute rejection to the admission of some legal effects, because of a protective interpretation of polygamy. The decision of the Higher Court of Andalusia of Mai 24, 2018 is an illustrative example of this, by the recognition of widow’s pension to a Spanish woman who got a polygamous marriage to a Moroccan national in Morocco. This sentence confirms and consolidates the lucid case law of Andalusian Court, traditionally in favour of attenuated public policy for an institution with many shades, not adequate for simplistic and radical interpretations.
