Vaquer, Antoni --- "Spain" [2006] ELECD 211; in Smits, M. Jan (ed), "Elgar Encyclopedia of Comparative Law" (Edward Elgar Publishing, 2006)

Book Title: Elgar Encyclopedia of Comparative Law

Editor(s): Smits, M. Jan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420130

Section: Chapter 60

Section Title: Spain

Author(s): Vaquer, Antoni

Number of pages: 5

Extract:

60 Spain
Antoni Vaquer


1 Introduction
The Kingdom of Spain (Reino de España) is a plurilegislative state. Several
Spanish regions have their own, different systems of private law. From east
to west, there are private laws in force in the Balearic Islands, Catalonia,
Aragon, Navarre, the Basque Country and Galicia. An autonomous private
law is also claimed to exist in Valencia. The main legal systems in force can
be qualified as civil law systems as the major parts of private law and crim-
inal are codified (Código civil, Código Penal) and all other requirements
usually attributed to civil law systems are met. Spanish law is characterized
as belonging to the French legal family, although from an academic point
of view the German and the Italian influence is remarkable. On the one
hand, the French influence cannot be exaggerated. For instance, the
Spanish code rejects the consensual transfer of property and requires deliv-
ery whilst succession law and the law of marital property are rooted in the
Castilian tradition, only to highlight some examples. On the other hand, it
is noteworthy that Spain has traditionally considered German doctrine very
highly. One of the main features of this German influence is to be found in
legal doctrine, since the curriculum and consequently handbooks follow,
not the system of the Civil Code (based mainly on that of the French Code
civil), but the pandectist approach.
The only official language in the whole state is Spanish. Other languages
are also official ...