A Guide To The Spanish Legal System

The Spanish legal system is a typical system of civil law whose roots are found in Roman law and, as opposed to Common Law, which the main events of the Act are codified. Therefore, there is a branch of the right - right Civil - of which fired all of private law, particular Commercial law. As a result, the complete Civil Code of the Code of trade in these areas in which the latter provides no specific regulation.

Constitution of the Spain provides a fully independent judiciary. The system itself is headed by the Supreme Court, which is as much an appeal against a court decision can be taken within the Spanish judiciary. Later, you have any number of territorial courts, regional courts, provincial courts, trial courts and municipal courts. There is also a court that specifically considers the issues related to the Constitution. There is also a Council of the judiciary whose responsibility is to appoint judges and magistrates and also monitor the administration of justice. The Spanish Constitution also established figures of the public prosecutor and public defender to ensure that the rule of law and the rights of the citizens are defended.

Actions to claim rights are regulated by the law of civil procedure. The procedural system is more adversarial than curious. Therefore, the courts do not generally active in the development of the case. In General, courts will be based on the request of the parties for these purposes. However, this does not mean that the judge is simply a passive spectator, since the Act confers upon the judge a number of powers to push procedures. The discovery is usually very limited. Normally evidence is submitted with the application and evidence is tested and taken under the procedure. Finally, there is a unified system of court in Spain, the so-called ordinary jurisdiction.

The code of Commerce and civil Spanish recognize the ability of foreign individuals and corporations in Spain subject to their own laws, with respect to their personal ability is concerned and to the Spanish legislation concerning the creation of institutions in this country.

In addition, foreigners legally resident in Spain have the same individual rights as Spaniards except those of a strictly political nature (generally, to vote and to be eligible for public office), save the special status for the citizens of the European Union who are eligible for municipal councils.