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Iuris Tantum Revista Boliviana de Derecho

Print version ISSN 2070-8157


LOPEZ AZCONA, Aurora. The different legislative policy adopted by the autonomous regions with civil law in accordance with article 149.1.8th CE. Rev. Bol. Der. [online]. 2018, n.25, pp. 20-60. ISSN 2070-8157.

One of the peculiarities of Spanish civil law lies in the existence of a plurality of jurisdictions civilians, and can distinguish between civil law State and territorial or special civil rights. This reality is backed not only by history but by the 1978 Constitution, whose article 149.1. 8th attributed to those autonomous communities in which the entry into force of the Fundamental norm existed foral or special civil law exclusive jurisdiction not only to preserve it and to modify it, but also to develop it. Under cover of this competition the autonomous communities with their own civil right have followed their own legislative policy on the matter, being possible to identify three major models of competence exercise: that of maintenance of compilation (Balearic Islands and Navarra), on own civil law to replace the compilation (Basque country and Galicia) and the encoder (Aragón and Catatonia). The singular deserves special mention and, for the moment, failed legislative policy developed by the autonomous community of Valencia, and allow me to delete it "unique", because at the moment which was promulgated the Constitution of 1978 and acquired competence to retain, modify and develop its own autonomous communities to civil law "where exists", does not seem that it was in the mind of the legislator constituent Valencia that has not prevented the approval by its courts of large civil legislation which has been followed by the Declaration of unconstitutionality by the Constitutional Court.

Keywords : Territorial civil rights; Article 149.1.8a CE.; Models of competence exercise; Constitutional Court.

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