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Civil Law in Spain

Civil Law in Spain

Updated on Monday 10th July 2017

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civil_law_in_spain.jpgThe civil law in Spain is comprised of legal codes and laws which are applied throughout the entire territory of the country, except for the autonomous communities that have their own civil law system. The Spanish civil law is a collection of laws addressing issues related to the person, family laws, the personal assets, the contractual relations and the extra contractual civil responsibility. Detailed information about the legal provisions of the civil law can be offered to you by our lawyers in Spain.

Provisions of the civil law in Spain

The Spanish Civil Code, approved through royal decree of July 24th, 1889, defines the legal rules, their application and effectiveness. The civil law is integrated in the Spanish private law, alongside the Commercial Law, the Labor or Social law and the International Private Law. The Spanish civil law establishes the hierarchy of laws and the relationship of competency which exists between some law and others. The main legal provisions of the civil law in Spain address the following aspects:

•    Persons – the legal definition of a Spanish citizen, the statute of foreigners, the civil personality and the distinction between natural persons and legal entities, such as Spanish companies and businesses;
•    Domicile and marriage – the requirements for concluding a marriage in Spain, the rights and duties of the spouses, the nullity of marriage, its dissolution, the legal effects of separation and divorce;
•   The paternity and filiations, the support between relatives -   parent - child relations, the parental authority, the legal representation of children;
•    The legal age and emancipation and the aspects of incapacitation – issues related to guardianship, the judicial defender, the legal custody and the provisions of the power of attorney;
•   Property, ownership, joint ownership and possession – the classification of property, the right of accession, the special properties and the acquisition and effects of possession and the property registry;
•    Contracts and partnerships – the general provisions of Spanish contracts, their validity, effectiveness and nullity, the obligations of partners and the legal obligations within a contract.

Our law firm in Spain can provide you with a wide range of legal services and representation on any matter related to the civil law.

The history of the civil law

The legal system in Spain is a civil law one and the main sources of law are the following: law, custom and general principles of law. If you need more details about the Civil Code in Spain, you may contact our lawyers in Spain. This type of legal system is very common all over the world and it is also known as the European continental law. The civil law has major elements from the Roman Body of Civil Law since A.D. 565.

The civil law is applied on the entire territory of Spain, but there are autonomous communities that have their own civil law system that is applied on certain legal issues. When a local or a foreign investor has a legal matter and he/she doesn’t know what civil law must be applied, he/she may contact a law firm in Spain. Our attorneys in Spain will explain to him/her the rules he/she must obey and will provide legal assistance for any litigation in this country.

The civil law has an important tradition in Europe and it was adopted also by countries in other regions, such as Japan and Russia, that wanted to be as successful as the countries in Europe in terms of economic and political power. The countries that applied the Civil Law system use to change the laws frequently and update them and you have to review quite often the rules in order to have an updated version of them.

If you need legal assistance for your business in Spain, you may contact one of our Spanish attorneys who will represent you in front of court of justice in this country.



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