The Plurality of Civil Codes in Spain
Spanish Decodification Versus Catalan Codification

Area 12 – Scienze giuridiche

The author discusses the Spanish codification process and the role that the different territorial private laws played in it, based on the example provided by Catalan civil law. After outlining the historical background, which helps to understand why a variety of private law systems coexist within Spain, the paper analyses whether nowadays codes are an appropriate instrument for the diffusion of the law; special attention is paid to the modifications that have taken place in Spanish law in the last few years and to the way in which these have affected the salient features of the codified civil law. The main reasons for reform, albeit not the only ones, have been the new reading of the Constitution as well as Spain’s entering the European Union. Finally, after stating that codes are still to be regarded as apt instruments for the presentation and diffusion of the law, the paper looks at the draft Catalan Civil Code, as it provides a good example of how the modern codification process should be approached and what pitfalls should be avoided.

SINTESI