Basic laws of Spain

Laws and legal rights of foreigners

Thinking about purchasing real estate, moving abroad, and even more so about doing business abroad, it is impossible to get around the legal side of the issue.

While on the territory of another state, you must not only respect traditions, culture and customs, but also comply with the laws of Spain. And, naturally, the legislation of each state has its own subtleties and nuances, the knowledge of which will not only make life easier, but will allow you to competently conduct business, know your rights and avoid problems with the authorities. This article, along with a selection of laws and excerpts from the civil code, will help you understand.

Spanish law

The laws of Spain are both traditions themselves and well-established legal and legal norms.

As in many European countries, Spanish legislation was formed gradually, combining the regulatory provisions inherent in various legal systems, among which were:

Barbaric truths;
Roman law;
Canon law.
But the greatest influence on the formation of Spanish legislation was undoubtedly Roman law. It was Roman law that became the source of most of the norms included in the modern Spanish Civil Code.

Today, the main sources of regulation of Spanish law are:

Leyes (laws: EU, national or regional);

Costumbres (local customs);
Principios generales del derecho (general principles of law).
Currently in Spain, special attention is paid to EU regulations. According to the EU treaty ratified by Spain, all existing regulations included in EU law become part of Spanish law and are applicable regulations in Spain, and in a situation of conflict between EU law and Spanish law, preference is given to EU regulations.

Spanish Constitution

The Spanish Constitution was adopted in 1978 in a referendum on December 6 and published in the same year in the Official Gazette. Although in Spain the political system is a monarchist constitutional form of government, the country's Constitution is the highest rule of Spanish law.

Spain uses the following hierarchy of existing regulations and laws:

The country's constitution;

EU law (directives and various regulations), as well as International law (various international treaties and agreements);
General Law of Spain: Organic Law (when the Congress of Deputies votes requires an absolute majority of votes), Ordinary Law and various normative legal acts that have legislative force;
The standard, the source of which is the relevant state executive body (for example, Decreto, Orden ministerial, Real Decreto, etc.).

Spanish public law includes:

Constitutional law, which includes a set of legal institutions and legislative norms concerning the fundamental rights and freedoms of citizens, as well as the organization of various constitutional rights;

Administrative law, which regulates the functioning and organization of all existing branches of government and state bodies, as well as their relationship with individuals;
Criminal law, which regulates relations in the field of committing criminal acts and punishing them;
Procedural law, which is a group of rules that govern various procedures related to the assessment and execution of court decisions;
Tax and financial law - a set of rules, thanks to which all the resources that make up the finances of the tax department and other state entities that regulate the procedures for obtaining income, the distribution of expenses and payments are organized and further considered;
International public law. Includes various norms that govern the legal relations of states with other member countries of the International Community.

The organization of private law in the country is carried out with the help of:

Civil law. It includes a set of rules that regulate property issues, personal and family relations, civil liability (not specified in the contract) and various contractual relationships. In addition, Spanish Civil Law also includes the General Rules and Laws (“Fueros”) (General Code of Laws relating to the countries of the Iberian Peninsula);

Commercial law, which is a set of rules governing the relations of various entrepreneurs in the business sphere;
Labor and social law - regulates the relationship between the employer and the employee. It is an integral part of public law and defines various requirements in the social sphere;
Private international law is a set of laws governing relations between individuals and legal entities - citizens of different states.

Basic legal regulations in Spain

Among the existing standards of substantive law, which is part of the Spanish legal system, the most important can be distinguished:

1978 Constitution;
Various statutes of the autonomous communities of Spain;
EU Treaty;
The country's criminal code;
Spanish Commercial Code;
Civil Code.

In relation to Spanish Procedural Law, the most important rules include the following country laws:

Ley de Enjuiciamiento criminal de 1882 para proceduralimientos penales.

Ley 1/2000, de 7 de enero, de Enjuiciamiento civil, para proceduralimientos civiles y mercantiles.
Ley 29/1998, de 13 de julio, reguladora de la jurisdicción contencioso-administrativa, para los procemientos contra las Administraciones públicas.
Ley 36/2011, de 10 de octubre, reguladora de la jurisdicción social para los proceduralimientos laborales.

 

Share
Book a consultation with an expert with over 25 years of experience
Ruslan Gavrilov
Order
Subscribe to our newsletter
Enter your email
Subscribe
Download our presentation
Download
-
Couldn't find a suitable object?
Leave a request for selection - our brokers will offer you property in Spain according to your requirements.
Submit your application
×