The Civil Code of Spain (), formally the Royal Decree of 24 July 1889 () is the law that regulates the major aspects of Spanish
civil law. It is one of the last
civil codes in
Continental Europe
Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by som ...
because of the sociopolitical, religious and territorial tensions that dominated 19th-century Spain. The code has been modified numerous times and remains in force.
Structure
The structure of the Civil Code is heavily inspired by the
French Civil Code of 1804. It is made up of 1976 articles.
* Preliminary Title. Of legal norms, their application and efficacy (articles 1 to 16).
* Book I. Of persons (articles 17 to 332).
* Book II. Of goods, of property and of their modifications (articles 333 to 608).
* Book III. Of the different ways of acquiring property (articles 609 to 1087).
* Book IV. Of obligations and contracts (articles 1088 to 1975).
* Article 1976 is a repeal provision.
* 13 transitional provisions.
* 4 additional provisions.
Criticism
Like other European civil codes, the Spanish Civil Code has been subject to extensive criticism for allowing
acquisitive prescription against
personal property
Personal property is property that is movable. In common law systems, personal property may also be called chattels or personalty. In civil law (legal system), civil law systems, personal property is often called movable property or movables—a ...
—which leaves victims of
Nazi plunder
Nazi plunder () was organized stealing of art and other items which occurred as a result of the Art theft and looting during World War II, organized looting of European countries during the time of the Nazi Party in Nazi Germany, Germany.
Jewi ...
with little recourse.
[ In this source, Bazyler explains how civil law countries in ]continental Europe
Continental Europe or mainland Europe is the contiguous mainland of Europe, excluding its surrounding islands. It can also be referred to ambiguously as the European continent, – which can conversely mean the whole of Europe – and, by som ...
do not follow the principle '' nemo dat quod non habet'', meaning that in those countries, a good faith purchaser "may acquire a legitimate title to stolen goods". The
California State Legislature
The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...
was so upset with an appellate ruling in one such case in 2024—involving deference to Spanish law over
California law
The law of California consists of several levels, including Constitutional law, constitutional, Statutory law, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulat ...
—that it enacted an urgency statute which expressly overrides California's governmental interest test for resolving a
conflict of laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a Legal case, case, Transactional law, transaction, or other occurrence that has connections to more than one jurisdiction."Conflict o ...
in the specific context of "art or personal property taken in cases of political persecution" and instead prescribes that California substantive law will always control in all such cases.
[ The painting at issue in the case was '' Rue Saint-Honoré, dans l'après-midi. Effet de pluie'' by Camille Pissarro.] The statute was written in such a way in order to apply this new rule not only to all new cases going forward, but also to all cases still pending on appeal, including the case which had led to its enactment.
See also
*
Civil law (legal system)
Civil law is a legal system rooted in the Roman Empire and was comprehensively codified and disseminated starting in the 19th century, most notably with France's Napoleonic Code (1804) and Germany's (1900). Unlike common law systems, which r ...
*
Civil code
A civil code is a codification of private law relating to property law, property, family law, family, and law of obligations, obligations.
A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdiction ...
References
External links
Código Civil - BOE.es (in Spanish)
{{Authority control
Law of Spain
Spain
Spain, or the Kingdom of Spain, is a country in Southern Europe, Southern and Western Europe with territories in North Africa. Featuring the Punta de Tarifa, southernmost point of continental Europe, it is the largest country in Southern Eur ...