Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-jbqgn Total loading time: 0 Render date: 2024-06-13T10:36:54.204Z Has data issue: false hasContentIssue false

6 - ‘… Quae ad ius Cathalanicum pertinet’: the civil law of Catalonia, ius commune and the legal tradition

Published online by Cambridge University Press:  30 July 2009

Ferran Badosa Coll
Affiliation:
Professor of Civil Law Universitat de Barcelona, Catalonia, Spain
Hector L. MacQueen
Affiliation:
University of Edinburgh
Antoni Vaquer
Affiliation:
Universitat de Lleida
Santiago Espiau Espiau
Affiliation:
Universitat de Lleida
Get access

Summary

The following chapter offers a synthesis of the long-standing relationship between the two fundamental components of current Catalan law. On the one hand, we have Catalan law as it has been developed by Catalan institutions; and on the other, the European ius commune, canon and Roman law, as adopted and incorporated into Catalan law by Catalonia's institutions.

The introduction refers to the period just before the initial reception of Roman law, and is followed by four further sections, which focus on the period after the reception process began. The first of these four sections refers to the ius commune as current law in Catalonia; the second to the situation of Roman law with regard to the Decreto de Nueva Planta (1716); the third to the Spanish Civil Code of 1889; and the fourth refers to the legislative systems in Spain's autonomous regions (1932, 1978).

‘Gothicæ leges fuerunt prima cathalanorum iura’

The liber iudiciorum

The Latin terms Liber Iudiciorum (book of trials) and Liber Iudicum (book of judges) were used without distinction to refer to the written law applied in Catalonia before and after it was invaded by the Moors, between 715 and 720, following the key Battle of Guadelete in 711. In Spanish it was known as Fuero Juzgo. It had been laid down (c.654) by the Visigoth king Rescesvint (649–72), to provide a single law for the Visigoth and Roman populations of the Iberian peninsula.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2003

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×