General points of civil law

Civil law in Spain is defined as the branch of law that focuses on regulating the civil status of property, rights in rem, inheritance, obligations and contracts and, in general, of persons. It is also of a private nature and defines the relationships between spouses, ascendants and descendants. This is why, when a legal dispute arises in relation to it, it is necessary to call upon the services of a family law lawyer.

Obviously, civil law is much more complex than what we have discussed above and what we could write in this entire article. However, using the precepts of the Royal Decree of 24 July 1889 of the Civil Code, we are going to explain its fundamental concepts.

The four branches of Civil Law

Civil law is, in itself, a branch of law in general. But, in turn, it is divided into four main parts:

• The general part or subjective law: in this section we find everything related to the nationality of residents in Spain, to their domicile, to the extinction of civil personality and to the acquisition of property.
• Contracts and obligations: here we determine the rules of the general and special legal regime that affects the drafting of contracts and the acquisition of obligations. In addition, reference is also made to contractual and non-contractual liabilities.
• Family and inheritance law: This section regulates the relations between spouses, parents and children and ascendants, as well as inheritance and how to enter into marriage and other civil partnerships.
• Rights in rem: This section deals with ownership and possession of property. In fact, special attention must be paid here to what is known as mortgage law. The fundamental precepts of security and preferential acquisitions are also laid down.

Why is civil law private in nature?

We alluded to this concept earlier. Specifically, civil law is of a private nature because it regulates the relations that take place between civilians and private persons without any intervention as such by the State acting as a person governed by public law. This covers the following:

• The law of persons: civil law is responsible for regulating both the beginning and the end of the life of natural persons. But it also does the same for the attributes of personality, which are the aspects that mark their legal relationship with other persons. We are talking, for example, about nationality, domicile or marital status.
• Property and asset law: this is usually referred to as real property law. Its purpose is to define the legal relationships established between people and their things, defining perfectly the different modes of possession and acquisition.
• Family law: we are not only talking about marriage and other forms of civil partnership, but also about the legal consequences and responsibilities arising from family relationships. All of this must also be compatible with the different doctrines established by other branches of law on this issue.
• Law of succession or inheritance: undoubtedly one of the most important aspects dealt with by civil law. It is responsible for regulating the distribution of a subject's assets when he or she dies and the rights that third parties have over them. This is undoubtedly one of the most common reasons for consulting a family law lawyer.
• Liability law: If a natural or legal person causes damage to another person, he or she must pay compensation for the damage caused. This is where the how is regulated.
• The law of contracts and obligations: This is where the consequences and binding effects of the agreement of legal acts, facts and transactions are established by the signing of documents.
• Common law: Civil law establishes guidelines for the interpretation and application of legal rules from other areas of law.
• Private international law: applicable when there is a legal conflict in civil matters between different countries.

Other basic aspects of civil law

We have already mentioned above that civil law is at the same time private law, common law and general law. In the following, we would like to delve a little deeper into the subject in order to define these concepts more precisely.

Why is civil law referred to as private law?

To discern this question we must go back to the time of the Roman Empire. It was at that time that the set of rules establishing private law, which is responsible for governing relations between natural and legal persons, was established. This was in direct opposition to public law, which has the function of defining the relations of individuals between the powers of the state and of these between themselves.

However, with the passage of time, and taking into account the political and legal evolution of societies, public law has practically fallen into disuse, with civil law being responsible for regulating almost all areas of public and private life. In fact, specialised jurists define civil law as being responsible for judging acts pertaining, on the one hand, to socially private life and, on the other hand, to privately private life.

Why is civil law referred to as common law?

This is a simpler question to solve. The fact is that, when there is no special regulation or specific legislation on a matter that can be defined within private law, it is what is established in civil law that must be applied. This has meant that, over the years, in most European countries, including Spain, separate branches have been established in commercial and labour matters, for example. In both cases, there is a specific regulation that is based on civil law.

This is the main reason why civil law is also called common law. Moreover, this characteristic means that several civil mechanisms can cohabit in the same territory. We only have to think of the case of Spain. Within our country there is a common regulation in this respect, but within it, exclusive rules are established at local, provincial, autonomous and foral levels.

Why is civil law referred to as general law?

This is usually done when civil law is viewed from a subjective perspective, i.e. as applying to individuals. In particular, the term general law is established because it contains private legal rules that are applicable to all individuals born or residing in a country. We are talking, for example, about religion, work or nationality.
In short, civil law can be considered as the broadest and most widely applied branch of law in general, fundamentally due to its private nature and its predisposition to regulate relations between people. In fact, within Spain, it has been perfectly regulated for more than a century. It must also be said that it is one of the most complex aspects of law. Undoubtedly, these are more than enough reasons why, when the time comes, it is essential to hire a family law lawyer.