Roman Jurists, Spanish Civil Law, and Key Legal Concepts
Work of Classical Roman Jurists
This period marks the peak of Roman legal culture, known as the classical era. It is primarily due to the work of the classical jurists who, in a real and practical sense focused on citizens’ conflicts, learned to create the foundations of a valuable Universal Law. Breaking with the past yet respecting tradition, the jurisconsults believed, like Cicero, that law is formed over many centuries and consolidated by use and antiquity.
To address personal needs, they suggested that the praetor introduce new actions and continuously maintain the law, ensuring its dynamic adaptation to changing social circumstances. A new, more agile, and flexible procedure based on the formula (a written document summarizing the parties’ requests) was introduced, upon which the Praetor dictated the sentence. The process was dominated by the initiative and progressive separation of will. This led to a great technical improvement in the law of this era, considered classic by later generations.
Spanish Civil Law: Evolution and Content
Civil law is the right of the citizen, often developed as jurisprudential law. It reached its peak in the liberal society of the 19th-century codifications. In general, civil law regulates the legal circumstances of a person from birth to death.
The Spanish Civil Code of 1889 was enacted during the regency of Maria Cristina. Some Spanish regions have special civil rules, known as Foral Law (Derecho Foral). These are compilations written between 1959 and 1973, with subsequent reforms.
Principles of Criminal Jurisdiction
Key principles include:
- Independence of the judiciary
- Exclusivity
- Jurisdictional unity
Classes of jurisdiction:
- Military Jurisdiction: Exercised within the military field.
- Labor Jurisdiction: Handles disputes within the field of work.
- Administrative Court: Deals with litigation involving Public Administration.
- Ecclesiastical-Canonical Jurisdiction: Addresses matrimonial causes of separation and nullity when the marriage was concluded according to the Catholic Church.
- Constitutional Jurisdiction: Handles possible violations of fundamental rights and liberties.
- Civil Jurisdiction: Covers litigation in private law.
- Criminal Jurisdiction: Deals with crimes and offenses punishable by law.
The Legal Concept of Obligation
Obligation, in its etymological sense, means subjection or link. In law, it refers to the legal relationship between two people: one, the creditor, has a right to claim against the other, the debtor, who is bound to the creditor with a duty or debt.
It is a legal bond by which we are bound to do something according to the laws of our city. Article 1088 of the Spanish Civil Code states: “Every obligation consists in giving, doing, or not doing something.” Article 1089 provides: “Obligations arise from law, from contracts and quasi-contracts, and from illicit acts and omissions or those in which any kind of fault or negligence occurs.”
The purpose of the obligation is the fulfillment of the provision (the required action or inaction), and obligations are typically extinguished by payment or performance.
Marriage in Law: Concepts and Evolution
Traditionally viewed as the stable union of husband and wife, this age-old concept was modified by Law 13/2005, which recognizes marriage between same-sex couples, as stated in Article 44 of the Civil Code. According to Articles 66 et seq. of the Civil Code, the spouses (substituting the terms husband and wife) have equal rights and duties.
Historically, there have been two main conceptions of marriage:
Roman Classical Conception
Marriage exists as long as the conjugal union or cohabitation is classified as a stable social union. It would last as long as mutual affection (affectio maritalis) between the spouses continued and would cease when this affection ended.
Post-Classic Roman and Canon Conception
Influenced by Christian ideas, marriage was seen as indissoluble and sacramental. Final value was attributed to the initial consent.
Canon Law components are handled by ecclesiastical courts. Currently, there are two main types of marriage:
- Civil Marriage: Concluded before a judge or authorized official.
- Religious Marriage: Performed according to the rites of a recognized religious confession.
Regarding the extinction of marriage, we distinguish between:
- Dissolution: Destroys the marriage bond, occurring upon the death of either spouse or by divorce.
- Separation: Does not dissolve the marriage bond but ends cohabitation and modifies certain rights and duties.