Common Law Partners and Survivor's pension
A Critical Review Based on the Last Legislative Reform
DOI:
https://doi.org/10.24310/rejlss.vi4.14121Keywords:
widowhood, common-law partners, legislative amendmentsAbstract
The right of the survivors of common-law partners to be beneficiaries of the widow's or widower's pension was configured in 2007 in a restrictive manner, marking important differences in treatment with respect to married couples. In addition to the formal requirements aimed at proving stable and notorious cohabitation, there was also the need to prove economic dependence on the deceased. For more than a decade, the jurisprudential doctrine of the Spanish Constitutional Court has been affirming the suitability and proportionality of this difference in treatment, considering it to be in accordance with the principle of equality and non-discrimination. Law 21/2021, of December 28, on guaranteeing the purchasing power of pensions and other measures to reinforce the financial and social sustainability of the public pension system, has introduced significant innovations in relation to this matter, moving towards a real equality between marital unions and de facto unions, in a wise legal and political decision by the legislator.
Downloads
Metrics
Publication Facts
Reviewer profiles N/A
Author statements
Indexed in
-
—
- Editor & editorial board
- profiles
- Academic society
- N/A
- Publisher
- Universidad de Málaga. UMA Editorial
To learn about these publication facts, click 
PF is maintained by the Public Knowledge Project
Downloads
Published
How to Cite
Issue
Section
License
In the Revista de Estudios Juridico Laborales y de Seguridad Social (REJLSS) we are clearly committed to a policy of open access to scientific knowledge (See Berlin Declaration).
Those authors who have publications with this journal accept the following terms:
This journal provides immediate free access to its content under the principle of making research freely available to the public. All the contents published in the REJLSS are subject to the Creative Commons license
Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)
Copyrights are of two kinds: moral and patrimonial. Moral rights are perpetual, inalienable, non-transferable, inalienable, unattachable and imprescriptible prerogatives. In accordance with Spanish copyright legislation, the authors who publish in REJLSS retain the moral right over their work, as well as the ownership of the patrimonial right, which will be transferred to the University of Malaga for its dissemination in open access.
The patrimonial rights, refer to the benefits that are obtained by the use or disclosure of the works. REJLSS is published in open access and is exclusively authorized to perform or authorize by any means the use, distribution, dissemination, reproduction, adaptation, translation or transformation of the work.
It is the responsibility of the authors to obtain the necessary permissions of the images that are subject to copyright.
Authors whose contributions are accepted for publication in this journal retain the non-exclusive right to use their contributions for academic, research and educational purposes, including self-archiving or depositing in open access repositories of any kind.
The electronic edition of this magazine is edited by the Editorial of the University of Malaga (UmaEditorial), being necessary to cite the origin in any partial or total reproduction.
The authors may adopt other non-exclusive license agreements for the distribution of the version of the published work (eg: deposit it in an institutional telematic archive or publish it in a monographic volume) provided that the initial publication is indicated in this magazine.
Authors are allowed and recommended to disseminate their work through the Internet (eg, in institutional telematic archives or on their website) before and during the submission process, which can produce interesting exchanges and increase citations of the published work.
19.png)
