Sources of Law

Unit 2
 Sources of Law (art. 1 CC)

1. Laws

2. Customary norms

3. General Principles of Law

 1. Laws

Legal norm developed, enacted and published by the

competent body
Entering into force 20 days after full publication in the Spanish
Official Gazette
Non-retroactivity
Ignorance of the law does not excuse from compliance thereof
Do not need to be proven in court
A law cease its effectiveness:

(i) When it is repealed by a subsequent law

(ii) When it becomes incompatible with a newly enacted law

(iii) When it was enacted for a limited period of time

 ¡Viva La Pepa!

Universal male suffrage, national sovereignty,

constitutional monarchy and freedom of the press
 Types of laws

Constitution

Organic Law

Law

Decree-Law

Legislative Decree

Decree
 Supranational laws

International Treaties
Signed, ratified and published
Reciprocity principle

European Union Law

(i) Directive
(ii) EU Regulation
 2. Customary norms

Performing of external acts uniformly and steadly

Not written
Emanates from the people
Applicable laws prevail
Not contrary to morals or public policy
Needs to be proven in court
Custom contra legem?
 3. General Principles of Law

Fundamental ideas that inform our legal system

(i) Good faith

(ii) Not to hurt others
(iii) Compensation of damages caused by a negligent act
(iv) Private autonomy (pacta sunt servanda)
Is Case Law a source of Law?
 Case Law

“Case law shall complement the legal system by means of

the doctrine repeatedly upheld by the Supreme Court in its
interpretation and application of laws, customs and general
legal principles.”

Lacks general character and abstraction

1. Civil Chamber
2. Criminal Chamber
3. Administrative Chamber
4. Labour Chamber
5. Military Chamber
Spanish Courts
Jury Courts