A Guide To The Spanish Legal System

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The Spanish legal system is a typical civil law system which roots are found in Roman Law and, as opposed to Common Law, in which the main manifestations of the law are codified. Here, there is a main branch of the law - Civil Law - from which the whole private law has derived, in particular Commercial Law. As a result, the Civil Code supplements the Commercial Code in those areas in which the latter provides for no specific regulation.

Spain's constitution provides for a totally independent judicial system. The system itself is headed by the Supreme Court which is as far as an appeal against a court decision can be taken within the Spanish judicial. Thereafter you have any number of territorial courts, regional courts, provincial courts, courts of first instance, and municipal courts. There is also a Court which specifically concerns questions related to the Constitution. There is also a Judicial Council whose responsibility it is to nominate judges and magistrates and also to supervise the correct administration of justice. The Spanish Constitution has also established the figures of public prosecutor and public defender to ensure that both the rule of law and the rights of citizens are protected.

Actions to claim rights are regulated by the Civil Procedure Act. The procedural system is more adversarial than inquisitive. Consequently, the courts do not typically take an active role in developing the case. Generally, the courts will rely on the motion of the parties for these purposes. However, this does not mean that the judge is merely a passive spectator since the law gives the judge a number of powers to impel the proceedings. As a general rule pre-trial discovery is very limited. Normally evidence is brought forward with the claim and evidence is tested and / or taken in the course of the proceeding. Lastly, there is a unified court system in Spain, the so-called ordinary jurisprudence.

The Spanish Civil and Commerce Codes recognize the ability of foreign individuals and companies to trade in Spain subject to their own laws as far as their personal capacity is concerned and to the Spanish laws where the creation of establishments in this country is concerned.

Furthermore, foreigners who legally reside in Spain have the same individual rights as Spaniards except those of a strictly political nature (as a general rule, to vote and be eligible for public office), save the special status for European Union citizens who are eligible for city councils.

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Source by Thomas Leacy