This unique legal system, which allowed women not to share earnings with their spouses, has been the subject of a doctoral thesis recently presented at the Illustrious Bar Association of Córdoba. The research, which addresses the right of reimbursement between spouses, sheds light on a little-known aspect of Andalusian legal history.
“"If they do not help to earn it, they should not enjoy it either"
Popular legend attributes the origin of these customs to an anecdote involving Queen Isabella I of Castile during the Granada War. It is said that, observing Cordoban women who did not contribute to family support, the monarch expressed the idea that whoever does not help to earn, should not enjoy the assets. This anecdote, though possibly apocryphal, illustrates the perception of the time regarding this regime.
The particularity of Córdoba was such that, to avoid this regime, many couples chose to marry in nearby towns such as Alcolea, where the community property system already prevailed. This practice was especially common among families who did not possess large fortunes and sought the protection offered by the community of property.
The official repeal of the 'Lazy Customs' did not come until the reign of Charles IV, in 1801, when it was included in the Novísima Recopilación de las Leyes de España. This event marked the end of a legal exception that had lasted for centuries in the city of Córdoba.
“"The lazy customs already had bad luck… they were three centuries without community property in Córdoba, until the year 1801"
The author of the doctoral thesis, a lawyer specializing in Civil Law, connects this historical reality with the present, suggesting that the legacy of this regime still influences contemporary society. According to her analysis, many marriages, despite being married under community property, operate in practice as if they were under separate property, leading to significant problems in the event of a breakup.
Her work, now considered a practical manual, emphasizes that, although community property is based on solidarity, this should not prevent spouses from preserving their private assets. The right of reimbursement is presented as an essential mechanism to rebalance patrimonial masses in these contexts.
