Before we start talking about what the declaration of lavishness means, it is important that we analyze the meaning of the word itself. Prodigality is called the conduct of a person characterized by the habitual in the dissipation of their own assets, wasting them in a disorderly way.
Our Civil Procedure Law grants the spouse, descendants or ascendants who receive alimony from the presumed prodigal or in a situation that they can claim, the right to request a judicial declaration of prodigality. The judge in charge of the case will have to determine if the person in question is prodigal or not.
What are the consequences of the declaration of prodigality?
The declaration of lavishness causes a person to be in a conservatorship regime. This means that, according to the judgment, certain acts of patrimonial content are set which will need to be supervised by a curator. If they are carried out without taking it into account, they will be voidable knowingly by the healer or by the prodigal himself when he ceases to be so. The sentence, in addition, must be determined and specify in which registers it must be registered so that its effects are taken into account (Civil, Commercial, Real Estate Registry, etc.), which will depend on the nature of the declaration.
On the other hand, the declaration of prodigality has no retroactive effect, therefore, the acts prior to their beginning cannot be judged.
What has to happen for the declaration of lavishness?
Given the uncertainty of people, it is important that we take into account that there are certain points that we must respect so that we can see clearly that we can concur in a declaration of prodigality. The motives:
- On the one hand, that, within a normal scope, disorderly and light conduct in wealth management for disorderly conduct or other reasons. An example is that our partner, has become idle or idle of the game, and our capital is very variable with respect to how it was before.
- Second, the conduct must be habitual in the area that is taking into account.
- By last, it must happen that the preservation of heritage is unjustifiably endangered to the detriment of other people united to the prodigal and by which there is a link that implies that it affects him with his moral and legal obligations.
However, it is important to clarify these points, since it is not fulfilled in all cases. Conduct may involve financial risks but the cause may be justified, professionally, personally or with a family. This can be people who operate on the stock exchange and whose capital increases and decreases very frequently.
For this reason, it is stated that the declaration of lavishness is more preservative than sanctioning when trying to prevent or protect the risk of ruin of the capital of a certain family.
Who can request the declaration of lavishness?
In short, the declaration of lavishness may be requested by those people who are affected by acts that, directly or indirectly, affect their well-being. Specifically, these people are:
- The spouse or person who could be in a similar situation
- People who perform the role of descendant or ascendant and receive food from the prodigal or are in a position to do so
- Those persons who were legal representatives of the above or, failing that, the Public Prosecutor