Keith Mack
The legal systems of countries around the world can be broadly categorized into two main systems: common law and civil law. Spain is a civil law country, meaning that its legal system is based on comprehensive legal codes and laws rooted in Roman law, rather than on precedent court rulings as in common law systems. In Spain's civil law system, the source of law creation is the Parliament, and judges are limited to interpreting and enforcing the law rather than creating it. This distinction has implications for various aspects of life in Spain, including the rights of common-law partners with regards to property ownership and inheritance.
| Characteristics | Values |
|---|---|
| Type of Legal System | Civil Law |
| Basis of Law | Comprehensive legal codes and laws rooted in Roman law |
| Law Creation | Parliament |
| Role of Judges | Judging and enforcing what has been judged |
| Judicial Precedents | Not used as basis of law |
| Popular Jury | Relatively recent addition, present in only certain criminal cases |
| Common-Law Partnership Recognition | Yes, through "pareja de hecho" |
| Common-Law Partners' Rights to Property | No automatic rights to property or other assets |
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What You'll Learn
Spain's legal system is based on civil law
Spain's legal system is a civil law system, based on comprehensive legal codes and laws rooted in Roman law. This is in contrast to common law systems, which are based on precedent court rulings. In civil law systems like Spain's, the source of law creation is the Parliament, and the division between legislative and judicial power is absolute, meaning judges simply apply the law. In common law systems, judges create law through precedent.
The Spanish legal system consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain. The Judiciary of Spain is regulated by various laws, including Organic Law 6/1985 of Judicial Power, Law 1/2000 of Civil Judgement, and the Law of September 14, 1882, on Criminal Judgement. The highest judicial body in Spain is the Supreme Court of Spain (Tribunal Supremo).
Judges in Spain are subject to the Constitution and the laws, just like other branches of government and citizens. They are expected to be objective and impartial and are banned from membership in political parties and trade unions. The role of judges in Civil Law countries like Spain is very different from that of judges in Common Law countries due to their limited role in judging and enforcing what has been judged.
The popular jury in the Spanish legal system is made up of nine jurors and two alternates, ruling only on the guilt or innocence of the accused. This is in contrast to common law systems, where juries are more established. Additionally, social courts in Spain are basic courts related to labour law and are assigned to provinces, with responsibilities related to criminal and civil orders in minor cases.
Understanding the differences between civil law and common law systems is crucial for international businesses to maintain compliance across borders. For example, while civil law countries like Spain may have localized tax filing systems, they often maintain centralized registries for record searches. In contrast, common law systems rely on judicial precedents, allowing for flexibility but requiring deeper legal analysis.
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The role of judges in Spain is different from that in common law countries
The Spanish legal system is a civil law system, based on comprehensive legal codes and laws rooted in Roman law. In contrast, common law systems, such as that of the UK, are based on precedent court rulings. In Civil Law systems like Spain's, the role of judges is limited to interpreting and enforcing the law, rather than creating it. This is because the source of law creation in Civil Law systems is Parliament, and the division between legislative and judicial power is absolute. In other words, judges in Spain apply the law, while in Common Law systems, judges create law through precedent.
The Spanish judiciary consists of courts and tribunals, composed of judges and magistrates (justices), who have the power to administer justice in the name of the King of Spain. The highest judicial body in Spain is the Supreme Court (Tribunal Supremo). The Constitutional Court, which is responsible for interpreting the constitution, is independent of the judiciary.
Judges in Spain are subject to the Constitution and the laws, just like other branches of government and citizens. They must be objective and impartial and are banned from membership of political parties and trade unions. The governance of the Spanish judiciary is assigned to the General Council of the Judiciary, which oversees the work of all courts and tribunals and allocates judges and magistrates to them.
The popular jury in the Spanish legal system is a recent development, and it is only used in certain criminal cases. The jury rules on the guilt or innocence of the accused, while the judge determines the typology of the crime and the penalty.
In summary, the role of judges in Spain is different from that in common law countries because they operate within a civil law system, where their role is limited to interpreting and enforcing the law, rather than creating it through precedent.
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The Spanish judiciary is organised into different levels
The basic unit of the judiciary is the judicial district, which covers one or several municipalities and is served by at least one first instance and inquiry court. The judiciary can also be organised into five jurisdictional orders, each composed of several different circuits. These include unipersonal courts, which are controlled by a single judge, and the High Courts of Justice, which are controlled by panels of judges.
The Supreme Court of Spain (Tribunal Supremo) is the highest judicial body in the country, composed of five chambers. Its rulings are final and cannot be appealed, except to the Constitutional Court in cases where constitutional rights are infringed. The Constitutional Court is an independent branch of the state responsible for interpreting the constitution and ensuring its primacy over other laws.
Social courts are another type of basic court in the Spanish judiciary. These courts are related to labour law and are assigned to provinces that are not the head of a judicial district. They handle minor criminal and civil cases, as well as overseeing penitentiary conditions and establishing conditional freedom for criminals.
The Spanish judiciary also includes specialised courts within the Audiencia Nacional, dealing with criminal inquiries, penitentiary surveillance, and juvenile cases. The High Courts of Justice (Tribunal Superior de Justicia) have authority over a single autonomous community and are the highest jurisdictional body within that community, except in relation to the Supreme Court.
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Social courts are basic courts related to labour law
The Spanish legal system is a civil law system based on comprehensive legal codes and laws rooted in Roman law. It is not a common law system, which is based on precedent court rulings. Common law systems, such as those in the United States and the United Kingdom, are characterised by judges who create law through precedent. In contrast, civil law systems like Spain's have an absolute division between legislative and judicial power, with judges simply applying the law created by the parliament.
Within the Spanish judiciary, there are basic courts related to labour law, known as social courts. These courts are assigned to a province and a municipality that is not the head of a judicial district. Justices of the peace preside over these courts, which handle minor cases related to criminal and civil orders. Juvenile courts, for example, handle criminal cases involving individuals between 14 and 18 years old.
Social courts, or labour courts, are a type of governmental judiciary body that rules on labour or employment-related matters and disputes. These courts exist in various countries, including India, France, Germany, and Belgium, and they may go by different names, such as Labour Council (Conseils de prud'hommes) in France or Labour Tribunal in Belgium.
Labour courts are typically composed of professional and lay judges. Lay judges in labour courts are expected to provide direct observations of labour domains, possess professional knowledge in labour relations, and draw on their own professional experience in trials. In some countries, labour cases are handled by separate national labour high courts or non-judiciary labour relations boards.
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Common-law partners in Spain do not have automatic rights to property
The Spanish legal system is a civil law system, based on comprehensive legal codes and laws rooted in Roman law. Unlike common law systems, where judges create law through precedent, civil law systems like Spain's attribute law creation to the Parliament. In Spain, judges are limited to judging and enforcing what has been judged.
In Spain, common-law partners do not automatically have rights to property and other assets. This is because property in Spain is owned in shares. In the event of a separation, the party whose name is shown as the legal owner of the asset retains complete ownership. The law does not account for one member of the couple having contributed significantly to these assets.
However, if the property was purchased solely in one name after the couple got together, it could be recognised that they are jointly entitled to half the property. In such cases, it is recommended that unmarried couples get a lawyer to draw up an inexpensive private agreement between them. This agreement is legally binding and can avoid a lot of problems, especially if there are children in the relationship.
Common-law partners in Spain can also register their partnership officially. By registering their partnership, there is a greater likelihood of legal rights and tax allowances. In Spain, common-law partners can register at a town hall as "pareja de hecho" if they have been residing in Spain for more than 10 years and are officially registered. "Pareja de hecho" is a legally recognised partnership between two people who share a stable relationship but are not married. It grants many of the same rights and obligations as marriage, including protections related to inheritance, healthcare, pensions, and in some regions, immigration and residency.
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Frequently asked questions
No, Spain uses a civil law system based on comprehensive legal codes and laws rooted in Roman law.
In common law systems, judges create law through precedent, whereas in civil law systems, the source of law creation is Parliament, and the division between legislative and judicial power is absolute.
Some examples of common law countries include the United States, the United Kingdom, Canada, and Australia.
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