Resumen

AMUNATEGUI RODRIGUEZ, Cristina de. The duty of fidelity between spouses: damages caused by non-compliance and the treatment given by Spanish courts. Rev. IUS [online]. 2020, vol.14, n.46, pp.31-50.  Epub 02-Dic-2020. ISSN 1870-2147.

This study analyses the contemporary meaning of the duty of fidelity in the context of the Spanish Civil Code, in terms of its treatment in court.

The establishment of the no-fault divorce has led to a change in the value given to spousal duties, with separation or divorce not associated with the failure to fulfil said duties, especially those pertaining to fidelity.

The argument preferred by the Supreme Court is based on the denial of claims for damages caused by infidelity. With the existence of a specific legal consequence for infidelity, such as separation, this argument has lost value. This has placed judges in a position of uncertainty, which led to the establishment of a private solution that allows the claim for compensation when one spouse has hidden from the other the true parentage of the children conceived as a result of the other constant/long-term relationship.

Palabras llave : Matrimony/marriage; spousal duties; infidelity; damages claims; court practice.