Introduction to Spanish Civil Law and Law of Persons
This book provides a clear and structured introduction to Spanish Civil Law and the Law of Persons, focusing on essential concepts, legal sources, and foundational principles. Originally developed as an introductory course at the University of Alicante, it offers a concise yet comprehensive overview of Spain’s legal system in these areas of law. Key topics include the sources of law, the interpretation and application of legal norms, legal personality and capacity, individual rights, and nationality. The book also explores concepts central to the civil law tradition, such as private autonomy, legal transactions, and representation, while highlighting Spain’s unique legal features, shaped by its historical development and the coexistence of regional legal systems. Written with clarity and brevity in mind, this book is designed to be a valuable resource for students, academics, and legal practitioners seeking an accessible yet structured introduction to Spanish Civil Law. While not intended as an exhaustive treatise, it offers a thoughtful guide to the key legal principles that underpin private law in Spain.
CHAPTER 1. CIVIL LAW: CORE CONCEPTS AND SPANISH SPECIFICITIES
1. CONCEPT AND CURRENT CONTENT OF CIVIL LAW
2. THE SPANISH CIVIL CODE AND SPECIAL CIVIL LEGISLATION
3. SPECIAL REGIONAL REGULATIONS IN CIVIL LAW MATTERS (FORAL LAW)
CHAPTER 2. SOURCES OF LAW
1. INTRODUCTION TO THE SPANISH POLITICAL SYSTEM
2. SOURCES OF LAW IN THE SPANISH LEGAL SYSTEM
3. STATUTES: GENERAL MEANING AND CLASSIFICATION
4. CUSTOM AS A SECONDARY SOURCE OF LAW
5. GENERAL LEGAL PRINCIPLES
6. THE ROLE OF JUDICIAL DECISIONS IN THE FORMATION OF THE LAW
7. A SHORT OVERVIEW OF EUROPEAN UNION LAW
CHAPTER 3. APPLICATION AND EFFECTIVENESS OF LEGAL NORMS
1. APPLICATION OF THE LAW
2. INTERPRETATION OF THE LAW
3. ANALOGY
4. EQUITY
5. EFFECTIVENESS OF THE LAW
CHAPTER 4. LEGAL PERSONALITY
1. CONCEPT AND CATEGORIES OF PERSONS
2. LEGAL PERSONALITY
3. BEGINNING OF LEGAL PERSONALITY
4. LEGAL PROTECTION OF THE UNBORN CHILD
5. EXTINCTION OF LEGAL PERSONALITY
CHAPTER 5. INDIVIDUAL RIGHTS
1. CONCEPT, FEATURES, AND LEGAL PROTECTION
2. THE RIGHT TO LIFE AND PHYSICAL INTEGRITY
3. THE RIGHT TO A NAME
4. HONOUR, PRIVACY, AND ONE’S IMAGE
5. THE RIGHT TO DATA PROTECTION
CHAPTER 6. CIVIL STATUS AND THE CIVIL REGISTRY
1. CIVIL STATUS: ENUMERATION AND CHARACTERISTICS
2. THE CIVIL REGISTRY
3. SPANISH NATIONALITY
4. VECINDAD CIVIL
CHAPTER 7. LEGAL AGE
1. CONCEPT AND LEGAL SIGNIFICANCE. THE AGE OF MAJORITY
2. MINORS AND THEIR LEGAL CAPACITY
3. EMANCIPATION
4. GUARDIANSHIP AND CARE OF CHILDREN
CHAPTER 8. SUPPORT MEASURES FOR PERSONS WITH DISABILITIES
1. THE NEW YORK CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND ITS IMPLEMENTATION INTO THE SPANISH LEGAL SYSTEM
2. DELIMITATION OF THE NOTION OF PERSONS WITH DISABILITIES
3. SUPPORT MEASURES FOR PERSONS WITH DISABILITIES
4. CONTRACTS ENTERED INTO BY PERSONS WITH DISABILITIES
CHAPTER 9. DOMICILE, ABSENCE AND LEGAL DECLARATION OF PRESUMPTIVE DEATH
1. DOMICILE: LEGAL DEFINITION AND RELEVANCE
2. SITUATIONS OF ABSENCE: DEFENCE OF A MISSING PERSON, JUDICIAL DECLARATION OF ABSENCE, AND PRESUMED DEATH
CHAPTER 10. PRIVATE AUTONOMY
1. THE PRINCIPLE OF PRIVATE AUTONOMY AND ITS MANIFESTATIONS
2. LIMITS OF PRIVATE AUTONOMY
3. SUBJECTIVE RIGHTS AND THEIR LIMITS
4. LEGAL TRANSACTIONS
5. REPRESENTATION
CHAPTER 11. JURIDICAL PERSONS. ASSOCIATIONS AND FOUNDATIONS
1. JURIDICAL PERSONS: GENERAL OVERVIEW
2. ASSOCIATIONS
3. FOUNDATIONS
Cita 'Chicago'
López Richart, Julián. Introduction to Spanish Civil Law and Law of Persons. Madrid: Dykinson, 2025.
Cita 'APA'
López Richart, Julián (2025). Introduction to Spanish Civil Law and Law of Persons. Dykinson.
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