Aplicación del derecho extranjero por los tribunales españoles para conocer de un supuesto de responsabilidad civil extracontractual por un accidente de circulación por carretera ocurrido en Portugal: comentario a la sap de Pontevedra, sección 6ª, 293/2014 de 16 de mayo, rec. 959/2012
Article 281.2º LEC (RCL 2000, 34, 962 and RCL 2001, 1892) provides that “will test object custom and foreign law ...The foreign law must be tested with regard to their content and validity, the Court may make use of any means of investigation deems necessary for its implementation”.Therefore, the pr...
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| Format: | Article |
| Language: | Spanish |
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Fundación Iuris Tantum
2016
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5292200 |
| Source: | Revista Boliviana de Derecho, ISSN 2070-8157, Nº. 21, 2016, pags. 316-323 |
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| Summary: |
Article 281.2º LEC (RCL 2000, 34, 962 and RCL 2001, 1892) provides that “will test object custom and
foreign law ...The foreign law must be tested with regard to their content and validity, the Court may make use of
any means of investigation deems necessary for its implementation”.Therefore, the proof of foreign law does not
concern in this process to the applicant, but the defendant invoking foreign law and urges its application to cases
prosecuted. So is settled doctrine reflected in the STS Chamber 1st of April 30, 2008 (RJ 2008, 2685), which states
that “the Court has declared that the party invoking foreign law must prove in court the existence of legislation
requested, the duration thereof and its application to the contentious case, and the power granted to the judge
in Article 12.6. II, final paragraph (text now repealed by Law 1/2000 of January 7) is not an obligation. “Likewise
pronounce the STS Chamber 1st of December 27, 2006 (RJ 2006, 9907), which refers to that of December 31, 1994
(RJ 1994, 10245), when he states that “the proof is” a who invokes foreign law “and is what you would read in many
decisions of this Court, as those contained in the statements of May 4, 1989, September 7, 1990 (RJ 1990, 6855),
16 July 1991 (RJ 1991, 5389), February 9, 1999 (RJ 1999, 1054), until 4 July 2006.Well, of not having proof of the
existence, content and validity of foreign law provided that considers applicable, a legal vacuum that the courts have
to fill failing according to Spanish law occurs. |
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