As the Civil Code turns 5, legal scholars analyze its gaps, impact

Pedro Cabán Vales, a professor at Inter-American University Law School (LinkedIn)

By EVA LAUREANO

Special to The STAR

Five years after Puerto Rico enacted a sweeping overhaul of its Civil Code -- the island’s foundational body of private law -- legal scholars are gathering to assess how well the reform has held up in practice.

Inter-American University Law School will host a two-day forum starting Thursday titled “Repercussions of the Application of the 2020 Civil Code Five Years After its Approval.”

“A lot of things have changed, and it’s still too early to tell what the full impact is,” said Pedro Cabán Vales, a law professor at the university.

While the 2020 Civil Code modernized many aspects of private law, Cabán Vales said several provisions remain ambiguous or problematic, especially due to the lack of transitional rules.

One example is in inheritance law. Under the new code, a deceased person’s estate is now split into two parts instead of three, increasing the portion that can be freely disposed of to 50%. But wills written before the code’s enactment are creating confusion.

“Lawmakers didn’t specify a transition, so we have to approximate the intent of the will under the new law,” Cabán Vales said.

Similar uncertainty surrounds property defects discovered after the purchase of homes built before the code took effect. Without clear transitional provisions, buyers and courts are left guessing which legal standards apply.

One of the most contentious issues is the treatment of long-term consensual relationships. Cabán Vales pointed to the Supreme Court’s decision in Ramón Lugo Morillo v. Elizabeth Natera Bonilla, which allowed Lugo Morillo to evict his partner of more than 20 years from their shared home. The couple had raised children and built a life together, but the court ruled in favor of Lugo Morillo because he was the sole titleholder.

“The court refused to hear evidence that a communal property regime had been established,” Cabán Vales said. “This decision ignores the realities of long-term partnerships and highlights how the code fails to protect vulnerable individuals in informal unions.”

The forum will also explore how the Civil Code applies to modern economic practices, such as short-term rentals. Cabán Vales noted that hosting contracts -- used in platforms like Airbnb -- fall under provisions of the code, but more regulation is needed to address the complexities of the gig economy.

The 2020 Civil Code replaced the 1930 version and became effective on Nov. 28, 2020. Among its key reforms are that: The surviving spouse is now a forced heir, sharing inheritance rights with children. Another provision allows courts to revise or void contracts if one party exploits the other’s vulnerability or if unforeseen events make the contract excessively burdensome. Personal claims such as breach of contract now expire after four years, down from 15.