PACTOS CONYUGALES NO CONTENIDOS EN EL CONVENIO REGULADOR.

Abstract

In the event of separation or divorce, spousal accords referring to the liquidation of economic relations but not contained in the regulating agreement are nevertheless valid. Even if one of the spouses is at fault in the break-up, the accord cannot be bound by this circumstance, nor can article 1256 of the Civil Code, which forbids allowing contract performance to be left to the discretion of one of the parties, be violated.