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Spain

Civil law

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Spain is a civil-law country with a Constitution of 1978 and a Civil Code of 1889. Some regions have their own civil law traditions, and Spain's courts apply European Union law as well.

Updated October 2026. Spotted a mistake? Tell us.

Where the law comes from

  • The Constitution of 1978, the highest law
  • National codes and statutes, such as the Civil Code and the Penal Code, and regional laws in the autonomous communities
  • European Union law, which takes priority in its area
  • Case law of the Supreme Court, which supplements the statutes

The main courts

  • The Supreme Court (Tribunal Supremo) at the top of the ordinary courts
  • The Constitutional Court, which reviews laws and hears individual constitutional complaints (recurso de amparo)
  • National High Court, regional high courts, provincial courts and first-instance courts

Becoming a lawyer

A law degree and a master's degree for the legal profession, practical training, and a state examination, followed by registration in a bar association (colegio de abogados).

What may surprise you

  • Some regions, such as Catalonia and Aragon, have their own civil laws in addition to the national Civil Code.
  • Citizens can bring an individual constitutional complaint to the Constitutional Court once ordinary remedies are exhausted.
  • Spanish law has been a model for most of Latin America.
  • Court decisions are not formal precedent, but repeated Supreme Court rulings are followed in practice.

Related systems

How this country is classified

The University of Ottawa’s JuriGlobe database lists Spain as: Civil law. It names the systems in order of importance.

The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.

Other countries in the same family

Sources

TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Spain, consult a lawyer qualified there. Report a mistake.