regional law -Nuevo as a guarantor of an effective legal “ framework ” in the face of the new challenges of an aging population in Navarre

What is the legal framework available to older adults in Navarre? This was the topic explored by Verónica San Julián, tenured professor at Civil Law at the University of Navarre, during the first lecture of the Chair IDEA on New Forms of Longevity Institute for Culture and Society (ICS) for this academic year. This “ internship ” session, titled “ Civil Law foral navarro y envejecimiento” (Navarre’s Regional Law on New Longevities and Aging), addressed the existing legislation in the “regional law Nuevo” (New Longevities Act), a legal text specific to the Autonomous Community of Navarre. In this regard, San Julián noted that “there is a great deal of ignorance regarding what the law, in general, can contribute to the ‘ subject ’ of aging and, in particular, the Navarre regional law on new longevities ( Civil Law foral navarro), about which most Navarrese know very little.”

Aging has been studied from demographic, health, economic, and social perspectives, but there is also a legal dimension that must be considered in light of the reality of aging, which raises many questions about how we want to live this stage of our lives.

“When we talk about aging, we shouldn’t think exclusively of dependency or vulnerability—at least not at first,” notes San Julián. In this regard, he acknowledges the diversity of this group and how private law has much to offer, regardless of the circumstances in which an older adult finds themselves. Thus, the New regional law t is not limited to regulating what happens to a person’s estate after their death but rather “allows for the organization of family relationships, the distribution of responsibilities, the guarantee of rights of use and enjoyment, and the organization of the transfer of assets before or after death.”

The issues addressed during the session centered on two fundamental principles: the primacy of the testator’s will and the freedom to dispose of one’s estate, which, in the words of San Julián, “constitute the pillars of a system—such as that of Navarre—that allows for the design of tailored legal solutions within the limits established by the legal system itself.”

The report also examined certain specific legal institutions, such as the widow’s usufruct, inheritance agreements, the trustee-administrator, the trusted heir, and the legal right of habitation, which, as noted, “can play significant roles in staff, family, and estate planning for older adults.”