Complete the account of the Spanish system of sources.
Article 1.1 of the Civil Code names statute, ______ and the general principles of law as the sources of the legal order. Case law is not a source; Article 1.6 says it ______ the order. Article 1.7 forbids a court to refuse to decide, so there is no ______. A norm made by the Government under a prior delegation from the Cortes is a decreto ______.
Word bank: custom · complements · non liquet · legislativo · jurisprudence · ley
Hints
- The second blank is the exact verb the Civil Code uses about Supreme Court doctrine.
- The last blank distinguishes the delegated instrument from the urgent one.
Show the answer
Article 1.1 of the Civil Code names statute, custom and the general principles of law as the sources of the legal order. Case law is not a source; Article 1.6 says it complements the order. Article 1.7 forbids a court to refuse to decide, so there is no non liquet. A norm made by the Government under a prior delegation from the Cortes is a decreto legislativo.
The second blank is the one to hold on to. Supreme Court doctrine carries enormous practical weight and is still not a source in the Code's sense: a source creates norms, a complement fixes how existing ones are read. Getting this right is what lets you say precisely why a change of case law is not a change in the law.
Practise Sources of Law and the Legal Order
The app has 5 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on Sources of Law and the Legal Order
- Arrange the stages by which a Spanish statute comes to bind, in order.
- A decreto-ley must be submitted to the Congress of Deputies for convalidation or repeal within thirty days of…
- Why is the relation between a ley orgánica and a ley ordinaria described as one of competence rather than of…
- Spanish jurisprudence is classified as a complement to the legal order rather than a source of law. What…
- In Spain a proved custom applies even where a statute governs the same matter.
- Under Article 2.1 of the Civil Code, how many days after complete publication in the BOE does a statute enter…
- Arrange these Spanish legal instruments by the year they were enacted.
- Sort each norm by the organ that produces it.