Liberality and onerosity in relationships between spouses and stable partners and price reimbursement action in acquisitions for consideration (concerning the Judicial decisions of the Supreme Court 3/2020, january 30th and 5/2020, febrauary 6th)

It is clear the Catalan legislator’s will not to assimilate the regime of spouses and cohabitants
while cohabitation lasts. The solutions provided for the spouses will not apply to
stable partners, except in cases of express reference. This reference is not contained in the
subject of acquisitions for consideration and presumption of gift of the consideration paid
by the non-acquirer that is included in article 232-3.1 CCCat and this is stated in the Judicial
Decision of the Supreme Court 5/2020 to make a reimbursement action prosper. However,we cannot avoid the affective relationship that contextualizes the contractual relationships
between stable partners, nor can we treat them as strangers since they make up a family unit.
This will be an important variable when it comes to assessing the liberal consideration that
motivates the displacement and considering that the subsequent claim for reimbursement of
the price paid by the non-acquirer is an expression, actually, of a regret for the free attribution
made. Likewise, cohabitants conduct during the cohabitation will allow to observe the existence
of tacit agreements, to which the Judicial Decision of the Supreme Court 3/2020 refers,
and beyond these agreements, the behavior observed in relation to the non-claim of the paid
price for the acquisition of an asset that occurred during cohabitation, it must be examined
from the perspective of the doctrine of one’s own acts when this claim is finally submitted.