Abstract

ORTEGA GIMENEZ, Alfonso. Application of foreign law by the courts to know of a spanish course oftort by accident occurred in road traffic Portugal. comment on SAP Pontevedra (6a) 293/2014, of 16 mai, rec. 959/2012. Rev. Bol. Der. [online]. 2016, n.21, pp.316-323. ISSN 2070-8157.

Article 281.2° 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 ofApril 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 inArticle 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 II, final paragraph (text now repealed by Law 1/2000 of January 7) is not an obligation.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.

Keywords : Foreign Law; pleading and proof; Spanish courts.

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