The marriage capitulation is an agreement established by the spouses to define how the couple's finances will be organized.
A capitulation is an agreement established between two or more parties on an issue that is usually transcendent or critical. This meaning is the first that the dictionary of the Royal Spanish Academy ( RAE ) mentions about this term, which comes from the Latin word capitulatio .
In the field of law , there is the marriage capitulation : the agreement established by the spouses, either before getting married or after, to determine how the couple's finances will be organized and how succession agreements will be made.
Characteristics of marriage capitulation
In these marriage agreements, what the spouses will do is establish whether they will have a regime of community property or one of separation of property . In the same way, it must be established that they must be carried out before a notary who will give them a deed form. The usual thing is to do them before getting married or just after passing through the altar.
To all this we must add that these marriage agreements can be modified at the time that the two parties involved want to change the aforementioned economic regime.
The surrender
Capitulation also the arrangement that establishes the surrender of a force or army . These agreements usually consist of several chapters that establish the conditions of the case.
Capitulation means that a force recognizes its defeat and desists from continuing to fight. Simultaneously, it grants its possessions to the other side in exchange for compliance with certain issues, which are agreed upon by the bosses and must be complied with by the subordinates.
The Capitulation of Ayacucho , the Capitulation of Potosí , the Capitulation of Toledo and the Capitulation of Franzburg are some capitulations that, due to their importance or their scope, have remained in history .
The Capitulations of Santa Fe were signed by
Christopher Columbus with the Catholic Monarchs in 1492.
Capitulation of conquest
There are capitulations that go beyond a surrender and that imply other agreements, as we mentioned above. In this framework, the contract established by a monarch and a private individual to keep a territory and recruit soldiers was called capitulation of conquest .
Without a doubt, one of the most important capitulations of this type have been the so-called Capitulations of Santa Fe . Calls like this were given because they were signed in the Granada town of Santa Fe .
On April 17, 1492, the Catholic Monarchs carried out the same, where they came to collect the agreements they had reached with Christopher Columbus regarding the expedition he intended to carry out and that would lead to the so-called discovery of America. . The editor of them was the secretary of the monarchs, Juan de Coloma .
Among the most significant agreements we can highlight that it was agreed to grant Columbus a tenth of the benefits he obtained; being named admiral, viceroy and governor general of the lands he discovered and the tithe of the merchandise he earned or that was in the lands he conquered.
a religious document
The conclave capitulation , on the other hand, consisted of the signing of a document to reflect the agreement reached between the members of the College of Cardinals at the beginning of a conclave;
Specifically, this agreement established what the relations between the cardinals and the future pope would be like.