Sources of law

Article 1

1. The sources of the Spanish legal system are statutes, customs and general legal principles.

2. Any provisions which contradict another of higher rank shall be invalid.

3. Customs shall only apply in the absence of applicable statutes, provided that they are not contrary to morals or public policy, and that it is proven.

4. Legal uses which are not merely for the interpretation of a declaration of will shall be considered customs.

5. General legal principles shall apply in the absence of applicable statute or custom, without prejudice to the fact that they contribute to shape the legal system.

6. Legal rules contained in international treaties shall have no direct application in Spain until they have become part of the domestic legal system by full publication thereof in the Spanish Official State Gazette.

7. Case law shall complement the legal system by means of the doctrine repeatedly upheld by the Supreme Court in its interpretation and application of statutes, customs and general legal principles.

8. The Courts shall have the inexcusable duty to resolve in any event on the issues brought before them, abiding by system of sources set forth herein.

Article 2

1. Statutes shall enter into force twenty days after their full publication in the Official State Gazette, unless otherwise provided therein.

2. Statutes may only be repealed by subsequent statutes. Such repeal shall have the scope expressly provided therein, and shall always extend to any provisions of the new statute on the same matter which are incompatible with the prior statute. Mere abrogation of a statute shall not entail recovery of the force and effect of any provisions repealed thereby.

3. Statutes shall not have retroactive effect, unless otherwise provided therein.

Spanish Civil code

Categories: CIVIL