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The Civil Code of Spain (Spanish: Código Civil), formally the Royal Decree of 24 July 1889 (Spanish: Real Decreto de 24 de julio de 1889) is the law that regulates the major aspects of Spanish civil law.
However, the Court of Justice can act as a court of cassation when it hears appeals from the General Court of the European Union. Many common-law supreme courts, like the United States Supreme Court , use a similar system, whereby the court vacates the decision of the lower court and remands the case for retrial in a lower court consistent with ...
It is a standard doctrine in most jurisdictions: in France, it is termed fraude à la loi; in Spain, fraude de ley; in Italy, frode alla legge; in Germany, Gesetzesumgehung. It reflects the need for governments to prevent their citizens from intentionally and improperly manipulating their behaviour to prevent mandatory provisions in the law ...
The Palau de Justícia de Barcelona, located on the Passeig de Lluís Companys was the seat of the Court of Cassation of Catalonia. Tribunal de Cassació (Catalan for Court of Cassation) was the Generalitat of Catalonia's judicial organization during the Second Spanish Republic, founded in 1934, established according to the Statute of Autonomy of Catalonia of 1932. [1]
The building of the Court of Cassation. The prosecution, or parquet général, is headed by the Chief Prosecutor (procureur général). [c] The Chief Prosecutor is a judicial officer, but does not prosecute cases; instead, his function is to advise the Court on how to proceed, analogous to the Commissioner-in-Council's [d] role within the Conseil d'État (lit.
The judiciary can be organised into different levels of territorial organisation: the national courts; the autonomous communities of Spain; the provinces of Spain; the judicial district, which is the basic unit of the judiciary, covers one or several municipalities, and is served by at least one first instance and inquiry court
An arrêt (judgment) of the court of appeals may be further appealed en cassation. If the appeal is admissible at the cour de cassation, that court does not re-judge the facts of the matter a third time, but may investigate and verify whether the rules of law were properly applied by the lower courts.
This difference between English and other European languages is sometimes invoked in the debates between legal positivism, natural law and interpretivism. Berkowitz (2005) argues that the rise of legal positivism corresponds to a "transformation of the sense of 'law', a difficult topic made more so by a particular limitation of the English ...