Apuntes sobre la referencia expresa al ejercicio compartido de la guarda y custodia de los hijos en la Ley 15/2005

This article contains some reflections about the joint custody new regulation introduced by Act 15/2005, which modifies Spanish Civil Code and Procedure Civil Act related to separation and marriage. After analysing the situation precedent to that amendment, we point out the short -legislative technique showed by the lawmaker and certain problems related to its interpretation and appliance by the Courts. According to our opinion on the matter, the normative approach should be proposed as a general rule and not based on the fact of the existence of a cohabitation situation. Only then we can achieve the principle of equality between parents which inspires most of our closest laws as regards this topic.