The legal institutions that are the subject of this study, i.e. marriage and parenthood, are based in the Spanish legal order in the provisions of the current Constitution of 1978 (Constitution Espanola – hereinafter: CE). As Professor Andrzej Jackiewicz, author of this expert opinion, writes:Constitutionalization of marriage and family is nothing exceptional. In Spain, it found its place already in the Constitution of the Spanish Republic of 1931. In art. 43 of this constitution contains the provision: „marriage is based on equal rights for both sexes and may be dissolved by mutual consent or at the request of one of the spouses, in this case for just cause.” Provisions relating to marriage can generally be found in the constitutions of other countries of European legal culture, as well as in Art. 12 of the European Convention on Human Rights (right to marry) and in Art. 12 of the Charter of Fundamental Rights of the European Union (right to found a family).

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