1 / 6

Understanding the Temporary Efficacy and Territorial Scope of Civil Procedural Rules in Spain

This article explores the principles governing the application of procedural law in Spain, focusing on the concept of temporary efficacy. It explains that procedural law is never retroactive and that substantive law governs when procedural rules apply. Additionally, it outlines the territorial scope of civil procedural rules, emphasizing that they are exclusively regulated by Spanish law, with specific exceptions only allowed by international treaties and conventions. The article also discusses the exclusive competencies of the State and the unique requirements arising from the autonomy of Spain's regional communities.

flann
Télécharger la présentation

Understanding the Temporary Efficacy and Territorial Scope of Civil Procedural Rules in Spain

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Application of Procedural Law Rules Temporary Efficacy Territorial Scope of Civil Procedural Rules.

  2. Temporary Efficacy General Principle: Procedural Law is never retroactive.

  3. Substantive Law applies:

  4. Procedural Rules applies:

  5. Territorial Scope of Civil Procedural Rules Art. 3 LEC: with the sole exception which may be stipulated in International Treaties and Conventions, Civil Procedure taking place in Spain shall only be regulated by Spanish procedural rules.

  6. Spanish Autonomous Communities Art. 149 CE: State holds exclusive competence over procedural matters without prejudice to the necessary special applications in these fields, derived from the peculiar features of the substantive law of the AC.

More Related