IntroductionSpain follows a system of legal codes different from English common law. One is a written set of rules and the other is based on precedent. In 1978 a new Spanish Constitution came into being and included a set of values unheard of in the Franco era: a new structure to govern the country, a new judicial system and new liberal laws bringing with it tolerant policing. Over the subsequent years additional legalisation has been enacted including entry into the EU and a need to deal with the problems of illegal Moroccan immigrants.
No system is perfect. Are Spain’s laws applied with alacrity or do abnormal delays lead to disrespect for the law itself? Does excessive officialdom breed avoidance of the law and does avoidance, tolerated to a degree, create an indifferent attitude to authority? In a decentralised structure of government do local councils ignore regional or national laws and furthermore does the government ignore EU rulings?
Spanish Civil Code
A code in jurisprudence is a systematic compilation of law in written form, issued by rulers in former times, and promulgated by legislative authorities after a rise of
representative governments. Early legal codes were little more than statements which had obtained the force of law in civilised communities. Of all the old codes, that of the Roman emperor Justinian I and known as the Justinian Code most closely resembles the codes of later times. The influence of the Justinian Code was great.
Long after Rome fell, Roman law continued to serve as a source of law in Europe in the form of civil law. The Code Napoleon followed, being a balance between German, French and Roman law of Justinian I. Among the merits of the French code are its simplicity and clarity. As a result of the Napoleonic conquests, the code was introduced into a number of European countries and it became the model for the civil codes of today’s Spain.
A modern code is designed to provide a comprehensive statement of the laws in force in a single branch of law, in a logical and convenient arrangement and in a precise, unambiguous phraseology. Modern codes include codes of civil, criminal, and public law, and codes of civil and criminal procedures. Statesmen of modern times have regarded legal codes as necessary instruments of national unity and central authority.
Attempts at defining a code of international public and private law have been unsuccessful. The League of Nations failed in its attempt to do so. The United Nations has established a commission to study the possible codification of various aspects of international law.
Civil law is a term applied to the body of private law used in countries in which the legal system is based on Roman law as modified by modern influences. Civil law is used in most nations in Europe, including Spain and partly Scotland but excluding England and Wales. The term ‘civil law’ is also employed to distinguish those legal codes that deal with civil relationships (such as citizenship, marriage, divorce, and certain contractual arrangements) from other codes such as those dealing with criminal law and maritime law.
English common law differs from civil law in origin and other important respects. In civil law, judicial interpretations are based primarily on a system of codified written law, rather than on the rule of precedent which is emphasised in the common law. The law of evidence, so important in common-law countries, has no counterpart in the civil law. The differences between civil law and common law, however, should not be overstated. Despite divergences in methods and terminology, a basic similarity is found in the ultimate results reached by both systems.
It is obvious that the legal system of Spain differs from that of the constituent countries of the UK. All Spanish law must now be formulated in accordance with the Spanish constitution of 1978. A constitutional court can strike out or amend an old law or code which it finds unconstitutional and will frequently do so.