Civil Law in Spain is Plural, as Are Its National Civil Codes
The codification of Spanish civil law did not achieve the desired uniformity in all of Spain. Indeed, the Spanish Civil Code mainly reflected the law of Castille and respected territorial laws in force in other parts of the country. Later, within the framework of the plurality of civil legislation t...
| Autor: | |
|---|---|
| Tipo de recurso: | capítulo de libro |
| Estado: | Versión publicada |
| Fecha de publicación: | 2023 |
| País: | España |
| Institución: | Universidad de Oviedo (UNIOVI) |
| Repositorio: | Dipòsit Digital de la UB |
| OAI Identifier: | oai:diposit.ub.edu:2445/225062 |
| Acceso en línea: | https://hdl.handle.net/2445/225062 |
| Access Level: | acceso embargado |
| Palabra clave: | Dret comparat Dret civil Espanya Comparative law Civil law Spain |
| Sumario: | The codification of Spanish civil law did not achieve the desired uniformity in all of Spain. Indeed, the Spanish Civil Code mainly reflected the law of Castille and respected territorial laws in force in other parts of the country. Later, within the framework of the plurality of civil legislation that was recognized in the Spanish Constitution, Catalonia (and other territories) gradually developed their competence in civil matters. On occasions, this has made it possible to overcome the passivity of the state legislator in regard to dealing with the lack of modern reforms in the CC. A civil code imposes rationality and legal security and provides the opportunity to craft law tailored to the particular needs and interests of the society for which the civil code is intended. Beyond juridical incentives, there are also political motivations behind codification. Beyond serving as a symbol of the Catalan nation and strengthening its own personality, today the reasons for a Civil Code for Catalonia are better under stood when considering the importance of civil law in regulating relations between citizens in a rapidly changing modern age. |
|---|