In it appear the laws, decrees and orders of the government as enacted and issued, as well as judicial decisions of the Supreme Court and public notices of interest to judges, courts and the local governing bodies. The collection of statutes currently used by practitioners is published privately in signatures by the Revista de legisla- tion y juris prudential This publication contains, in addition to the texts of the laws, decrees, etc. It was begun in and ran contemporaneously with the official reports.
A gen- eral index or repertorio to this series was published by Ramos 2 in covering the years to Volumes have also been indexed under the direction of the editors of the Revista. Sixteen annual volumes were published up to It may be said that this publication includes both current legislation and court reports. The Revista de los tribunales y legislation universal infra, p.
Under the direction of the Revista de los tribunales 4 a collection of the Spanish legislation has been compiled covering the stat- utes from on. It is published currently. The title of the work is Repertorio de legislation espanola but it is in fact a collection of the texts, with complete indices appended. Boletin de la Revista general de legislacion y jurisprudencia.
Repertorio general de la legislacion espanola. Indice sistematico del Boletin de. Madrid, Gongora, The legislation indexed covers the period to A useful index in two volumes of all the legislation published officially from to was published in by Caso. It may be noted also that the Remsta de legislation universal y juris prudencia espanola con- tains a monthly summary of current Spanish legislation. They were formerly a direct source of law, but the present civil code art.
In default of express legislation, primarily local customs, and secondarily general principles of law, govern. But the change from a direct to an indirect source of law has had little practical effect on the influence of decisions upon the courts. The decisions interpreting the codes and statutes are said to be strictly adhered to and contradictory interpre- tations not to be countenanced by the Spanish courts, but on examination of the reports of many years such conflicting decisions are found not infrequently. Only the reports of the Supreme Court are published and these only constitute jurisprudencia.
The Supreme Court Tribunal Supremo , the indirect suc- cessor of the Consejo real de Castilla, was created by the Cortes of Cadiz through article of the Constitution of It experienced the same vicissitudes, however, through 1 Gomez Herrero, Teodoro. Diccionario-guia legislative espanol.
Mad- rid, Ricardo Fe, Guia legislativa. Indice general de las leyes, etc. Madrid, Alejandro Gomez Fuentenebro, The Supreme Court l published in a brief sketch of its history and the names of all its judges since Official reports 2 were published from the year to Beginning with the civil and criminal reports are issued separately. The reports are to-day published officially in the Gaceta supra, p. Because of the unwieldiness of these reports, however, the privately issued collections are preferred.
The Supreme Court from its establishment to had a special chamber, sala, for appeals against the administra- tion. In this judicial power was conferred on a divi- sion or committee of the Council of State, which eventually became the Tribunal contencioso-administrativo del Consejo de Estado. This existed until when the Tri- bunal contencioso-administrativo was made the present third sala of the Supreme Court, with the same jurisdiction. The decisions and decrees of the Council of State 3 were published officially from to under the title first of sentencias of the Council of State, and later as juris prudencia adminis- trativa.
These volumes are individually indexed both chron- ologically and alphabetically. A complete and important collection of reports is edited privately by the Remsta de legislation y juris prudencia in loose sheets appearing monthly. These reports are issued contemporaneously with the official reports and are now used by the profession to the same extent as the official reports.
Notas relativas d su origen y vicisitudes y relacion de su personal desde Madrid, Fortanet, Sentencias del Tribunal Supremo de Justicia. Materia civil. Madrid, Ministerio de Gracia y Justicia etc. Materia criminal. From to the reports were published by the government in the publishing house of the Revista de legislacidn. Sentencias del Consejo de Estado.
Reports of civil and adminis- trative law are likewise issued in the form of fortnightly advance sheets by private publishers in Madrid La jurispru- dencia del did. This constitutes a useful addition to the practicing attorney's library and is extensively used. The Revista de los tribunales published separately up to lengthy digests of the civil , 20 vols. From to all branches appear together in twenty volumes.
The doctrines established by the court are given clearly and con- cisely. The Remsta publishes the digests weekly as a detach- able section of the periodical. The reports have been indexed or digested in whole or in part in the separate divisions. Pantoja 4 published a reper- torio of the civil reports in two volumes with four appendices extending over the years to The work has ap- peared in a third edition. The period from to has been covered by the editorial board of the Remsta de legisla- tion 5 under the direction of Eduardo Dato, formerly Minis- ter of Grace and Justice and now president of the Consejo de Ministros.
This is designed more especially for the use of the subscribers of the reports published by the Remsta de legisla- tion. The criminal law reports from the establishment of the special criminal chamber of the Supreme Court in until 1 Biblioteca juridica de la Revista general de legislacion y jurispru- dencia. Seccion de jurisprudencia civil. Seccion de jurisprudencia criminal.
Seccion de jurisprudencia administrativa. Repertorio de la jurisprudencia civil espafiola afios a Madrid, Hijos de Reus, This likewise is designed as an aid in using the reports of the Remsta de legislation. The reports of the special ad- ministrative court from the date of its organization to were officially digested. These publications are cited under their appropriate headings. An extensive digest of reports from to in the form of an encyclopedia of the points of law raised and decided in the Supreme Court was compiled by Saenz- Hermua.
An encyclopedia published in by a society of lawyers and writers, under the direction of Sanguined, 8 purports to be a general compilation of all the 1 Pantoja, Jose Maria. Repertorio de la jurisprudencia criminal. Repertorio de la jurisprudencia administrativa aiios a Diccionario recopilador de los puntos de derecho resueltos en sentencias del Tribunal Supremo de Justicia desde hasta Madrid, V. Suarez, Sanguined, Carlos Massa. Diccionario juridico-administrativo. Escriche 1 in published a general encyclopedia of the legislation and court reports, which, in its later edi- tions, is still cited as authority in Spanish-American courts.
In this work he was assisted by some of the leading jurists of Spain. A lengthy and ambitious legal encyclopedia was be- gun in by Arrazola, 2 a Justice of the Supreme Court, in collaboration with many others. By twelve volumes had appeared, but only the first three letters of the alphabet had been covered.
The work has never been completed. The latest legal encyclopedia is now in course of publication under the direction of Pedret, Oliver Rodriguez, and Torres Ballaste. This work when completed will be an exhaustive repository of the law, on the order of Fuzier-Herman's Repertoire for France. It gives definitions, expositions, and even the full texts of the impor- tant statutes. In the useful three-volume work of Martinez Moreda, 4 published in , the legal terms and words ordi- narily used are defined, especially those dealing with civil and commercial law.
As it is inexpensive, it is widely used. Martinez Alcubilla 5 has furnished what is probably the most extensive and what has become the standard encyclopedia of Spanish law.
- Nerja Hotels and Places to Stay;
- The Essential Corporate Law in Spain (1) - ILP Abogados?
- "concurso de acreedores".
- Précaution (Le Choix dun mari) (French Edition)?
- Acreedores, First Edition - AbeBooks.
- concurso de acreedores - English Translation - Word Magic Spanish-English Dictionary.
The work originally comprehended nine vol- umes, but new appendices are constantly published. The pub- lishers announce that a new edition condensing the appendices is now in course of preparation. Aleu's 8 dictionary of 1 Escriche, Joaquin. Diccionario razonado de legislacion y jurispruden- cia.
Menú de navegación
Paris, ; 2d ed. Madrid, ; 3d ed. Enciclopedia espanola de derecho y administracion 6 nuevo teatro universal de la legislacion de Espafia e Indias. Enciclopedia juridica espanola. Barcelona, Fran- cisco Seix, Diccionario de legislacion vigente. Madrid, Felipe Gonzalez Rojas, Diccionario de la administracion es- panola. Madrid, Administracion, Diccionario de la administracion municipal de Espafia. Madrid, A. Perez y C ia , The editors 1 of the Gaceia have published an encyclopedia of law, with commentaries on all legislation to Three supple- ments extend the work through There may also be mentioned Hermur Espinosa's diccionario z of the law as created by judicial decisions extending over the years to The leading general periodicals of Spanish law are the Re-vista de legislation y juris prudencia and the Re-vista de los tribunates, both published in Madrid.
The former was estab- lished in by Reus, and is now directed by the well known jurist and publicist, Eduardo Dato. Both journals have as contributors the leading jurists of the country. Articles on subjects of legal interest and discussions of points of law are included as well as accounts of new legislation and recent important decisions. Clemente de Diego of the Univer- sity of Madrid with the collaboration of Jose MaNavarro de Palencia established in a new legal periodical Re-vista de derecho privado devoted exclusively to the study of practical questions in Spanish civil, mercantile and administrative law.
It has enjoyed a remarkable success in its first year of exist- ence. Another new general law magazine Juris appeared in January, , edited by Eduardo Barriobero of Madrid, a lawyer of reputation and a member of the Cortes. Its pub- lished numbers have received some adverse criticism. A pretentious enterprise was begun in by Romero and Garcia Moreno, 3 assisted by many lawyers and publicists, with the purpose of collecting and compiling the texts of the laws and codes of the nations of modern times.
Appendices 1 Nuevo y complete diccionario administrativo. Diccionario recopilador de los puntos de derecho resueltos en sentencias del tribunal supremo de justicia desde hasta fin de Diciembre de Coleccion de las instituciones politicas y juridicas de los pueblos modernos. Madrid, de Gongora, It may be noted that two entire volumes are given over to a commentary on the Spanish civil code.
Posada contributed sections on "general ideas of law," political and administrative law, social and labor laws; Clemente de Diego, Sela, Bernaldo de Quiros and Sangro pre- pared the sections on civil, mercantile, international, criminal and procedural law respectively.
HS Rare Books
A treatise for the practical use of members of the clergy covering civil, procedural, criminal and administrative law was prepared by Pellicer. There are several publishing houses in Spain which regu- larly issue manuals and annotated editions of all the codes and important statutes, revising them as changes in the law may require. Hijos de Reus and the Centro Editorial de Gongora of Madrid are the chief and most reliable of such establishments.
Soler of Barcelona edits convenient pocket manuals on every branch of the law. Abella, the director of El consultor de los ayuntamientos y de los juzgados mumcipales of Madrid, who publishes the most complete col- lection of manuals and annotated texts in the field of adminis- trative law, edits most of the codes and other laws as well. Two lawyers of Madrid, Leon Medina and Manuel Maranon have compiled annotated collections of legislation including civil, criminal, administrative and special laws.
These collec- tions are the ones currently employed by the profession. It may also be mentioned that J. Vila Serra of Valencia pub- lishes small editions of the codes, various manuals and collec- tions of special statutes and laws. Derecho usual. Madrid, La lectura, Tratado teorico-practico de derecho civil, pro- cesal, penal y admin istrativo para uso del clero.
Zaragoza, Cecileo Gasca, While the overcrowded law schools com- prise the largest departments of the universities, little or no modern literature has appeared in regard to the prelim- inary training of lawyers and the general advancement of the bar. The jurist Posada l in published a discussion of the teaching of law in the Spanish universities and advanced some ideas for its reformation. The education of applicants for the bar and the social standing of the Spanish lawyer of the first half of the nineteenth century are described briefly in an early number of the Law Magazine, volume 13 pages For purposes of comparison there may be noted an article in the July issue of Case and Comment, volume 21, pages , on legal education in Spain at the present time.
A brief account of the existing state of legal education and the requirements for admission to the bar in Spain and in Porto Rico was presented by a Porto Rican attorney, Rodriguez- Serra in an address before the American Bar Association in , and reprinted in the Report for that year, volume XXXV, pages Altamira has discussed the state of the teaching of the history of Spanish law in the Bulletin hispanique, volume 1 1, pages Numerous articles of more or less interest by various authors may be found in the Remsta de legislation and the Remsta de los tribunales in regard to legal education in general and to the teaching of special branches of law.
It is used also to denominate as a whole the decisions sentencias of the Supreme Court. But a broader meaning is often applied the science of law or general jurisprudence, a conception better known to the Anglo- American lawyer. Posada, Adolfo. La ensenanza del derecho en las universidades. Madrid, Fe, Little is known of the early or first epoch. The volumes of San Isidore 1 , " Libri sententiarum" and " Etymolo- giarum libri", of the collection of his works edited by F.
Arevalo, have given him prominence in the field of juris- prudence. The Catalan jurist, Raimundo Lulio, may also be mentioned as of importance during the primitive period, although he lived several centuries later than Isidoro. During the period of the Renaissance numerous legal theorists and philosophers appeared. One of importance was Francisco de Vitoria 2 , whose influence was felt in the field of international law as well.
The sections "De civile potestate " , " De potestate pontificis ' ' , and ' ' De Indis et jure belli ' ' in the work " Relectiones theologicae XIII" are of especial worth. Vives 3 made several contributions to the literature of the period, among which may be enumer- ated "De causis corruptarum artium", " De comunione rerum, principes Germanice inferioris", " Praelectio in leges Cicer- onis", and " De disciplinis ", collected with other monographs in eight volumes.
Mariana's 4 work concerning the king and the institution of kingship has appeared in three Spanish editions. Suarez, 5 a Jesuit, sums up with the greatest completeness and elaboration the scholastic doctrines of the law in a work pub- lished in It has undergone many editions of various worth. An " idea of a politic-Christian prince represented in a hundred undertakings", including introductions to the policy and principle of the state, is an interesting subject treated by 1 Isidore, San.
Opera omnia,. Rome, Aut-Fulgoni, Relectiones theologicae XIII partibus per varias sectiones in duos libros divisae. Salamanca, by P. Munoz, his disciple. Madrid, M. Martin, Opera omnia. Valencia, Bened. Monfort, De rege et regis institutione. Toledo, Pedro Roderico, De legibus ac Deo legislatore. Salamanca, Gomez de Lonreyro, Gracian's 2 works, "The discreet", "The hero", "The political Fer- nando", and the "Manual oracle and art of prudence", are worthy of reference. A list of the writers of this epoch would be incomplete which does not mention the names of Gines de Sepulveda, Vazquez Manchaca and Baltasar de Ayala.
Toward the second half of the eighteenth century the influence of the French encyclopedists dominated legal science in Spain. A few representatives of the old traditions re- mained, among others Father Ceballos and Father Alva- rado. The change of the attitude of the Church from the liberalism of the middle ages to the eighteenth century abso- lutism seems to have had the reverse effect upon the jurists, who turned from absolutism to liberalism. There are a few valuable contributions to legal literature during this period.
The Count of Campomanes 3 published in a discussion of the "impartial suit over the ecclesi- astical monition of Parma" and an earlier treatise on the royal rights of mortmain in Jovellanos 4 in prepared a discussion of the agrarian law published which, as well as his article in defense of the Central Council, is of some merit.
Of especial interest are his political ideas expressed in the second part of the last-named article. Martinez Marina 5 has 1 Saavedra Fajardo, D. Idea de un principe politico cristiano repre- sentada en cien empresas. Last ed. Valencia, Salvador Jauli, Monaco, Nicolas Eurico, El discrete. Barcelona, Juan Deden, El heroe.
Amsterdam, Diego Diaz, El politico Don Fernando. Huesca, Juan Nogues, El oraculo manual y arte de la prudencia. Lisboa, Henrique Valente de Oliveiva, Juicio imparcial sobre el monitorio de Parma. Tratado de la regalia de amortizacion. Madrid, Sancha, Memoria en defensa de la Junta Central. Teoria de las Cortes o grandes juntas nacionales de los reinos de Leon y Castilla.
Madrid, Fermin Villalnando, Ensayo historico-critico sobre la antigua legislacion y princi- pales cuerpos legales de los reinos de Leon y Castilla. Madrid, Hija de Joaquin G. Carra, i8p8, p. Florez Estrada, 1 whose treatise on political economy expe- rienced four editions to , discussed in the course of a later work the social question, origin, latitude, and effects of the law or rights of property. There must be enumerated also the names of Benito Jeronimo Feijo, and the Counts of Floridablanca and Cabarnis who were among the great jurists of this period.
The constitutional movement in Spain begins with the convening of the Cortes of Cadiz in and this may be said to constitute the fourth epoch in the history of the philosophy of law. It extends to the present day. Among those who represent the first half of the nineteenth century Donoso Cortes, Balmes and, in the second half, Sanz del Rio have exerted a lasting influence.
Donoso Cortes 2 represents a very conservative theological school. He brought himself into prominence at the age of 27 by a series of lectures on political law delivered in the Ateneo of Madrid. A complete edition of his works was published in His essay on Catholi- cism, liberalism and socialism exercised particular influence. Balmes 3 was of the theological school, but in truth he was a philosopher.
His works include many dealing with general philosophy. His politico-legal theories are comparable to those of Donoso Cortes, except that Balmes defends the old form of monarchy as distinguished from a constitutional 1 Florez Estrada, Alvaro. Curso de economia politica. Madrid, Miguel de Burgos, La cuestion social, origen, latitud, efectos del derecho de proprie- dad.
Obras de. Ensayo sobre el catolicismo, el liberalismo y el socialismo. Madrid, Fejado, Escritos politicos de. Madrid, Operarios, La Sociedad, revista religiosa, filosofica, politica y literaria. Barcelona, Barcelonesa, El criterio. Barcelona, Antonio Brusi, Miscelanea religiosa, politica y literaria. Barcelona, Barcelo- nesa, Among the writings of merit touching upon the philosophy of law and jurisprudence are a one volume collec- tion of "political writings," of which the essay, the "thought of a nation," is of especial value, a two volume review of society from a religious, philosophical, political and literary viewpoint, and the work " El criterio.
Sanz del Rio, 1 a follower of Krause, has enjoyed perhaps the greatest influence among the liberals. Such modern leaders as Giner de los Rios, Salmeron and Azcarate are his deciples. Besides his purely philosophical works, he has published the "Ideal of humanity for life," an adaptation of the book of Krause on ethics, politics and sciology. The most important and best representative of the Catholic school is Prof. Juan M. Orti y Lara, still active at the age of eighty-nine. He has written several essays and interesting introductions to translations of foreign works.
His address on "Opposed theories of the purpose and end of the state from the conception of its evolution or creation" before the Acad- emy of Moral and Political Sciences attracted much attention. Giner de los Rios, 3 professor of philosophy of. He has published a collection of essays or studies on legal and political questions in , several notes to Ahrens' juristic encyclopedia and the work "The social person" Two of his important contributions to the philosophy of law 1 Sanz del Rio, Julian.
Ideal de la humanidad para la vida. Introduction al estudio del derecho y prin- cipes de drercho natural. Teorias opuestas entre si acerca del estado y su fin, segiin que proceden del concepto de la evolucion 6 del concepto de la creacion. Madrid, Jaime Rates, VII, pp. Estudios juridicos y politicos.
La persona social. Estudios y fragmentos. Suarez These are a " Resumen" of philosophy of law 1 and "principles of natural law. Calderon 3 himself has produced many leading essays and monographs gathered in the volume "Trifles" and others. The works of the late Costa, who died in 1 , make him one of the foremost Spanish jurists. He, too, is a disciple of Krause, although his theories, etc.
Costa 4 has dealt with such interesting topics as "The life of law" an essay concerning customary law , "Theory of the juridic fact, individual and social," and "The problem of ignorance of law. He has influenced more than anyone else the development of the study of the customary law of Spain. Another collection of political and philosophical studies of importance came from the pen of Prof.
Resumen de filo- sofia del derecho. Prolegomenos del derecho. Principios de derecho natural sumariamente expuestos. Madrid, Biblioteca de Instruccion y Recreo no date. Bilboa, Impr. Artfstica de Miiller y Zava- leta, La vida del derecho. Madrid, " Biblioteca Costa," Teoria del hecho juridico individual y social. El problema de la ignorancia del derecho y sus relaciones con el status individual, el referendum y la costumbre.
Madrid, San Francisco de Sales, Estudios fUosoficos y politicos. Ensayo de una introduccion al estudio de la legislacion com- parada y programa de esta asignatura ,. Azcarate is of the Krausian school and also a fol- lower of Sanz del Rio. He prepared, in , an interesting introduction to the study of comparative legislation, followed by an outline of his course on this subject in the University of Madrid law school.
Most of his works deal with political economy, comparative law and social science, and have caused him to be regarded as a leader in these fields. An important contribution by the late Prof. Gil y Robles 1 appeared in as a prologue to the Spanish translation of Stahl's "History of the philosophy of the law.
His treatise on political law according to the Christian principles of philosophy and law also warrants mention. His monographs on "absolutism and de- mocracy" and the " legal methodology " show evidences of the influence of Krause. Dorado Montero 2 is the most important Spanish author of a philosophy of law from a positivist point of view. However, in his penal studies, for which he is best known, he shows the influence of Krause. His leading contributions to the literature of jurisprudence and philosophy of law are the "Bases for a new penal law," the "Social value of laws and authorities" and the "Law and its priests," a substantial book on the most interesting problems of the philosophy of law.
Rivera Pastor, 3 who shows inclinations toward Stamm- ler, published, comparatively recently , an interesting discussion of the doctrines of law and of the state and in a monograph on the "logic of liberty", published in volume 1 Gil y Robles, Enrique. Tratados de derecho politico segiin los prin- cipios de la filosofia y el derecho cristianos. Salamanca, Salman license, El absolutismo y la democracia. Salamanca, J. Nunez Izquierdo, Ensayo de metodologia juridica. Salamanca, Salmanti- cense, Bases para un nuevo derecho penal.
Barce- lona, M. Soler . Valor social de leyes y autoridades. Barcelona, M. El derecho y sus sacerdotes. Las doctrinas del derecho y del estado. Rios Urruti, also a disciple of Stamm- ler, has contributed to the new neokantian philosophy of law his monograph "The problem of the continuity in politics" volume II, , pp. Among these, Concepcion Arenal occupies a prominent place. She was an extraordinary penologist and moralist, and probably the foremost woman publicist of the world in this field.
The jurists and publicists, Santamaria de Paredes, Alas, Posada and Novarro Flores can not be omitted in a roll of Spanish writers in the general branches of jurisprudence and philosophy of law. A notable achievement in Spain for the advancement of the science of jurisprudence and comparative law was the establishment in Madrid of the Institute Ibero- Americano de Derecho Positive Comparado in December, The found- ers comprise many of the leading publicists and jurists of Spain.
The purpose of the Institute is to promote and improve juridical and social relations between Spain and the Spanish-speaking nations of America, although all the Ameri- can and European nations are invited to take part in its program. In the early Spanish codes and compilations may be traced some of the most lasting institutions of Roman law, and they were the medium through which Spain carried her law into the new world. The adminstration of the Philippines and other former Spanish possessions by the United States has brought us into intimate contact with much of the law of these early compilations, and revived an interest in their study.
It is impossible to trace the law and legal institutions of Spain to the time anterior to all foreign contact. The Iber- ians and the Celts are sometimes considered indigenous inhabitants of Spain, but, according to better opinion, they were invaders. The Phoenician and Greek colonizations, which followed the occupation of the Iberians and Celts, have likewise left us no texts. Costa 1 has in several works published the results of his researches into this period of Spanish legal history, and "has attempted to differentiate the sources of the customs or laws of the first inhabitants of Spain known to history.
The Visigoths, a branch of the great nation of the Goths, made the conquest of Spain in the fifth century and created a new Germanic law by the side of the Roman law. This Roman law the conquerors recognized as peculiar for Spanish- Romans and they codified it during the reign of Alaric. This compilation is known in history under the name of the Breviary or Code of Alaric and, among scholars of the present day, as the Lex romana visigothorum.
It is interesting to note that no Spanish edition of this code exists. The edition generally recommended is the recent German translation made by Prof. Max Conrat Cohn 2 from Haenel's 3 Latin edition, which furnishes a systematic classification by subject matter. The German influence on Spanish law is admirably described in a monograph bv Hinojosa. It 1 Plan de historia.
Ensayo de tin plan de historia del derecho espanol en la antiguedad. By Joaquin Costa. Re vista general de legislacion y jurisprudencia, vol. Costa, Joaquin. Estudios ibericos. Organizacion politica, civil y religiosa de los celti- bericos. Murillo, Breviarium Alaricianum ; romisches recht im frankischen reich in systematischer darstellung.
Leipzig, J. Hinrichs, Lex romana visigothorum. Lipsiae, B. Teub- neri, Das germanische element im spanischen rechte. Weimar, Hermann Bohlaus Nachf. The two bodies of Spanish population, Latin and Teutonic, continued to live under this double system of law until the reign of Kindasvinth He reduced the dual or ra- cial legislation to one common code based on all the prior codes and statutes. His son and succeeding kings modified and added to this code, which came to be known under the name " Fuero juzgo.
In an old volume of the Edinburgh Review vol. The "Fuero juzgo" is known under the following names: "Codex legum," "Liber gothorum," "Lex wisigothorum" "Li- ber judicum," and "Forum judicum"; the latter title was changed at the beginning of the thirteenth century into "Fuero juzgo" by which it is now known.
It arose, as has been shown, from the gradual fusion or amal- gamation of the Roman and Gothic law. The doctrines of civil law which are at greatest variance from the strict Roman law are those relating to marriage, conjugal property, family relationship, some principles of property, and much of the law of persons. On the other hand, the preponderance of the Roman law is seen in matters of inheritance, especially testa- mentary, and of prescription and contracts; though, as regards the form of these last, a broad and liberal principle prevails very different from the rigid classification of the Roman law.
In form the "Fuero juzgo" has little pretension to method and logical arrangement. It contains a preliminary title and 12 books which contain 54 titles, subdivided into some laws, parts of which are attributed to different kings. The preliminary title treats of the election and duties of monarchs and the duties of their subjects, and includes the public law of the Visigothic monarchy formed in the Fourth Council of Toledo. Although imperfect, this title includes in reality one of the earliest written constitutions of Europe in which are HISTORY 29 recognized principles as liberal as those known to any modern monarchical constitution.
Within the 1 2 books are contained laws for the making of laws, procedure, family relations, ad- ministration of estates, contracts, mortgages, crimes, torts, real property, maritime commerce and various questions. An early edition of this code has been translated into English by S. The translation and the skill of the editor are severely criticised by some of the lead- ing authorities in this field.
Judge Lobingier presents a good summary of the contents of the Fuero juzgo and a description of its sources in the Illinois Law Review volume 8 pages For historical purposes and for accuracy the edition of the "Fuero juzgo" by Zeumer, 2 published under the section of "Leges" in the " Monumenta germanice historical is probably the best. The Royal Academy 3 of Spain produced in an edition which, as a literary and philosophical work, is de- serving of much commendation.
It can not be relied on for practical reference, however. It embodies a learned disser- tation on the law of the Visigoths and a preliminary title, " De electione principum", not to be found in the foreign editions. Following the Arabic conquest of the Visigoths in the eighth century, a vast and varying body of law arose which added to the complexities of Spanish law. Altamira 4 in his recent work on questions of the history of law, discusses the Moslem rule in its influence upon Spanish law and presents a compact resume of the period. For a thorough study of the influence of the Moslem rule a brochure of Urena 5 may be recommended.
This article was reprinted in his history 1 Scott, S. The visigothic code. Boston, Boston Book Co. Hannoverae, Impensis Bibliopo- lii Hahniani, Madrid, Ibarra, Cuestiones del historia de derecho y legisla- cion comparada. Madrid, Sucesores de Hernandez, La influencia semita en el derecho medioval de Espana. The lectures include a study of the legal literature of primitive, Roman, Gothic and Arabic Spain. In Martinez Marina's 2 historical work there may be found an account of the institutions of public and private law in this period. The rulers of Castile, whose power became predominant among the small states that had been established, promul- gated several general codes and compilations of laws.
Among these the Fuero me jo was more particularly designed to define and sanction the prerogatives of the nobility. An edition of this compilation was published by Asso and Man- uel 3 in in their collection which includes, in addition, El ordenamiento de leyes de Acald, with notes and reports of the Cortes convened in the reigns of Sancho IV and Ferdinand IV.
It is also fully treated of in the works of Manrichalar and Manrique in their history of Spanish legislation infra, P- The Fuero mejo was followed by the important code which Alfonso X issued in , known commonly as the Fuero Real. This was an example of the unitive tendency manifested at different times.
The code, which became a model, was based on all the fueros and especially the Fuero juzgo, with modifi- cations, embracing, in four books, political, procedural, civil, criminal and commercial law.
Dictionary of spoken Spanish
The original text was modi- fied by Alfonso X himself in and by the Cortes of Valladolid in There are several editions of this code, although none of any critical value. The leading and most reliable was edited with a commentary in Latin by Diaz de Montalvo in , and another by the Academy of History of Madrid 4 in , 1 Urefia y Smenjaud, Rafael de. Historia de la literatura juridica espa- fiola. Intento de una historia de las ideas juridicas en Espafia. El fuero viejo de Castilla. Con notas histo- ricas, y legales. Madrid, de Camara de S.
Publicados y cotejados con varies codices antiquos por la Real Academia de la Historia. Madrid, Real, This col- lection in volume one includes " El Especulo, or "Mirror of all the laws", and in volume two, the Fuero Real and some other leyes of lesser importance. There is also an edition published in the collection of the publishing house of La Publicidad.
The text of Diaz de Montalvo 2 was republished in with references to similar passages in the Partidas. The Latin comment to his edition of is appended. Alfonso X promulgated other groups of statutes after the Fuero real, e. There was also prepared in , under the command of Alfonso X or on his private initiative a compilation of a legal character analogous to the Septenario conceived of and partially pre- pared by Fernando III, which compilation directly preceded the Partidas and followed the Especulo. The title Especulo or Espejo or "Mirror of all the laws" was a name much used at the time throughout Europe to designate doctrinal trea- tises.
The Especulo was utilized by lawyers of the time as a text and reference book. The Madrid Academy of History issued an edition of the Especulo in The great legal compilation, the Codigo de las Siete Partidas or the Code of Seven Parts was begun in and was com- pleted about Its preponderant elements were the canon law and Roman law. In fact the general character of the Partidas is that of an encyclopedia or systematic com- pendium of these two legal systems.
The redaction of the Partidas was the work of several jurists, whose names are not cited in the text, and was done under the supervision of Alfonso, who was himself an author of zeal. This work also 1 Los codigos espanoles, concordados y anotados. Madrid, "La Pub- licidad," Madrid, Pantaleon Aznar, The book is divided into seven general headings, as follows: ist, The catholic faith; 2nd, emperors, kings; 3rd, justice; 4th, marriage; 5th, contracts; 6th, wills; 7th, criminal law.
Scott of the Comparative Law Bureau has translated this code into Eng- lish and the Bureau announces that it will soon be published The best edition for practical purposes and the one used by the courts is that of Lopez, 1 published under royal authority in the years The edition of , by the Spanish Academy of History 2 , is inaccurate for practical purposes, and in a decision of the Supreme Court of March 27, 1 , it was decided that in case of conflict between this edition and that of Lopez, the latter should prevail.
A reprint of this work was published in Paris about forty years later. Judge Lobingier recently published in the Annual Bulletin of Com- parative Law Bureau, volume 6 , pages , a brief analysis of this great Spanish law book of the Middle Ages, and in an article in the California Law Review [vol. The Partidas did not become the law of the land until nearly a century after its first appearance.
But as a direct result of it and of the renewed prestige of Roman law the struggle between Romanism and the native law arose and con- tinued for several centuries. It presents, in the order of their authority, the different sources of law, such as the statutes enacted in the Cortes, the fueros etc. The Partidas was made a supplementary law and was given royal sanction. No edition of the Ordenamiento can be recom- mended. The text as it appears in the collection of Asso and Manuel supra, p. The various codes, fueros, and compilations existing at this period of the law caused a great complexity of the positive law, and the resulting confusion and doubt continually led to attempts to determine what was obligatory in any case.
Las siete partidas. Madrid, Leon Amarita, Par la Real Academiade la Historia. Paris, Castellana, These rulers attempted to introduce some order into the sys- tem of legislation by the publication of the Ordenamiento real and the Leyes de Toro Instead of simplifica- tion they only tended to increase the confusion. The first Ordenamiento was popularly known as the Ordenamiento del Doctor Montalvo, because it was edited by a distinguished jurist, Alfonso Diaz de Montalvo, together with Galindez de Carvajol, under a commission from Queen Isabella.
It was a collection of laws, but did not attain legal authority. The last edition of this code was issued in the collection of the publishing house of La Publicidad in The Leyes de Toro or the "Laws of Toro" was in no sense a code, but it had as its object to explain and supply defects in existing legis- lation. It inclined usually to the Roman and canon law in the struggle between Roman law and native law. A com- mentary on this statute by Llamas 1 appeared in a second edition in Pacheco's 2 commentary of this law may also be noted.
The spread of the Justinian and canon laws in the lesser kingdoms of the Peninsula, e. Aragon, Catalonia, Narvarre, Basque provinces, and Guipuzcoa, marks an important event in the history of the law. These kingdoms, now provinces, began to secure special rights and powers, many of which are yet retained. These form a body of law entitled " derecho foral" infra, p. The abun- dance of legislation during the period of the absolute mon- archy, along with the tendency toward codification in sys- tematic form, caused repeated petitions in Castile for new collections, and in the other kingdoms for the continuation of those already instituted in the preceding period.
In the reign of Philip II the Nueva recopilacion , intended as a general code, was finally promulgated, and furnishes some 1 Llamas y Molina, Sancho de.
Synonyms and antonyms of mercantil in the Spanish dictionary of synonyms
Leyes de Toro. Comentario, critico- juridico-literal a las leyes de Toro. Madrid, Sanchez, Comentarios de las leyes de Toro. Madrid, Gello, It turned out to be no more than an elaboration of Montalvo's compilation in its identical elements. The earlier codes retained in the main their authority. Many statutes were enacted and pragmatics and orders were issued by the House of Austria; the greatest in number and importance being those relative to the colonies Leyes de Indias, 1 The attempts and struggles in Castile for an authentic compilation were reenacted in Aragon, Catalonia, Valencia, and other kingdoms and provinces.
This period, known as the "Hapsburg period," was prolific in legal literature. The house of Bourbon abrogated but little of the Castilian law. No new codes were introduced and only a few institu- tions of the existing codes were changed. In successive and enlarged or revised editions of the Nue-va recopilacion between and there were brought together new royal orders and the important decrees or decisions of the Council of Castile Consejo de Castillo.
The Bourbons ended the work of political unification begun by the Austrian house by annulling many of the special laws enjoyed by Catalonia, Majorca, Valencia and Aragon in each state those regarding the public law with slight exceptions , and in Valencia those regarding the civil law as well. The colonial statutes relating to industry and public instruction were modernized as were also, in part, those which defined the relations of church and state.
The legislative diversity, both as between the different ancient kingdoms of the Peninsula and also within Castile itself, continued particularly in the civil law. The jurists of the eighteenth and early nine- teenth centuries proved unequal to the task of fusing all these elements into one code or even into two, one of public and one of private law. The compilation of laws known as the Novisima recopila- cion is a chaos of general provisions, applying particu- larly to Castile, but also affecting the whole of Spain.
Within 12 books are mingled provisions governing the Cortes, jueros, kings and Council of Castile from the medieval period down to the date of publication. The ancient codes of Spain were reprinted in full, in a large volume, in , by Martinez Alcubilla. It appears to be the most com- pact and practical collection.
It is a remarkable feature of the legislation of Spain that at no time was any attempt made to promulgate a new code which would abrogate the old one. Hence, to determine the law on any given subject all the different codes must be exam- ined, with the limitation that the latest in point of time is first in authority. The Fuero viejo has been so modified and changed by subsequent enactments that it can no longer be consulted for any useful purpose.
All that remains useful of the Ordenamiento real and the Leyes de Toro has been incor- porated into the Nueva and, finally, into the Nomsima recopila- cion. The Nomsima recopilacion is the latest as well as the highest authority, but when it is silent some diversity of opinion exists as to which of the remaining codes ought to prevail.
Some authors give the preference to the Partidas, others to the Fuero juzgo, or to the Fuero real the general legislation of Spain being found in these four codes or com- pilations. In the last century of reform and innovation in Spain, numerous constitutions were adopted and repealed until the adoption of the Constitution of , now in force.
Civil, commercial, criminal and military law have all been embodied in separate codes which are complete and are appli- cable throughout the entire kingdom.
A judiciary act and codes of civil and criminal procedure have also been enacted. The most important step in recent Spanish history was the appointment in of a commission to revise and recodify the civil, penal and procedural codes and the judiciary laws. This commission is composed of nine members under the ex officio presidency of the Minister of Grace and Justice and has 1 Novisima recopilacion de las leyes de Espana, dividida en 12 libros. Madrid, Julian Viana Razola, Codigos antiguos de Espana. Madrid, Adminis- tracion, Nothing of importance, however, has resulted publicly from the four years' existence of this body.
In suggesting and recommending works on legal history, it must be confessed that there is a great inadequacy of historical accounts. Those we have are fragmentary, and are usually either histories of the development of certain institutions fol- lowed from text to text through the so-called codes with indi- cation of the changes that these record, or are histories of brief periods of Spanish law. In Rafael Altamira, one of the two or three foremost legal historians of Spain, presented an account of the actual state or condition of the works on Spanish legal history to the International Congress of Historical Science.
The paper was reprinted in a French magazine, the Bulletin hispanique, volume ii , pages The writer criticizes the existing works on legal history, and in addition discusses the teaching of the subject. For English readers by far the best and most concise work on Spanish legal history is the chapter pages on Spain in the first volume of the Continental Legal History Series. Within the brief space of pages are covered the origin, early growth and development of the various influences on the law down through the nineteenth century, with its great legal reforms.
In the German publicist Brauchitsch wrote a short history of Spanish law. I, Historical survey of the sources, literature and general development of continental law. Altamira, H. Brissaud, H. Brunner, C. Calisse, E. Hertzberg, E. Huber, M. Planiol, R. Stintzing, J. Van Hamel, and others. Translated by Rapelje Ho well, Francis S.
Philbrick, and John H. Boston, Little, Brown and Co. Geschichte des spanischen rechts. Berlin, Allgemeine deutsche verlagsanstalt, The civil law in Spain and Spanish- America. Washington, D. Among the most creditable efforts in legal history is the treatise of Sempere, 2 a writer of authority. The first edition, in , was published under sanction of the Government. This work traces the Spanish law from the earliest sources through the Nomsima recopilacidn. The third edition con- tinues the history down to the middle of the nineteenth cen- tury.
The most reputable general history of law was begun by Hinojosa, 3 the leading authority in the field, but only one volume has been published. Nevertheless, this is an important contribution and covers the period through the Visigothic domination. Derecho mercantil es una obra colectiva, fruto del trabajo en equipo de un grupo de profesionales universitarios de la disciplina. Guillermo J.
concurso voluntario | Spanish to English | Law (general)
Gallito Sana y D. Luis del Olmo, Escribientes, Escribania segunda. Aoselmo Lopez , Escribano. Manuel Angel de La ra , Oficial trimero. Pasqual Rublo , iiem segundo. Jose de Kidder , Escribiente. Alguacil de amhos Juagados. La quiebra 6. El concepto de quiebra Cuando el empresario no es capaz de producir bienes o de ofrecer servicios al Miguel Sobrino Morales, Eliseo Sierra Noguero, Migdalia Fraticelli Torres, Peter Kriedte, La sentencia del Mercantil : comisiones fraudulentas, descontrol y Las largas filas persisten y el Banco Mercantil aclara que solo