Presentation

Welcome to the course of History of Spanish Law

Click on the images below to access the different subjects of the course

Introduction to the History os Spanish Law

Introduction to the History of Spanish Law

The primary rules

The primary rules

Hispanic Roman Law

Hispanic Roman Law

Visigothic law in Hispania

Visigothic Law in Hispania

Jewish law and Islamic law in Spain

Jewish Law and Islamic Law in Spain

Law in middle ages

Law in middle ages

Spanish Habsburgs

Spanish Habsburgs

Bourbon Dynasty and legal reforms

Bourbon Dynasty and legal reforms

Constitutions and codes

Constitutions and codes

    1. Concerning the region pertaining to the berguneta of Tocoit-and Sarnicios, it has been thus decreed as non-permitted: It is neither permitted to put (things) upon, nor is it permitted to do (work?), nor is permitted to cause damage by destruction. And whoever contravenes these things, he shall take cut up… silver… Indo-European language and culture by Benjamin W Forston.

This website traces the development of the principal features of Spanish legal institutions and doctrines from Celt-Iberian times to the present. It should become a standard work on the subject. The timespan covered is roughly between the Early Spain and the twentieth century. Although the timespan contains a large number of separable ius historical subjects the course is designed so that students can delve deeper into the subjects that they interested about.

    1. The said duumvirs and the said aediles, so long as they hold their magistracy, shall have the right and the power to use the toga praetexta, wax torches, and tapers. As respecting clerks, lictors, aides, summoners, flutists, soothsayers, and criers employed by each of the same all the said persons, during the year in which they perform such services, shall have exemption from military service. Charter of Urso, 44 B.C.

The Legal History course is taught using a selection of Spanish primary direct sources -occasionally translated and if where necessary- and of academic literature (papers and other online resources). For illustrative purposes, students are expected in the course of study to acquire suitable knowledge on organizing aspects of the sources of Roman law and of the administrative and judicial system.

    1. Tarik, going along with his companions, marched over a bridge of mountains to a town called Cartagena. He went in the direction of Cordova. Having passed by an island in the sea, he left behind his female slave of the name of Umm-Hakim, and with her a division of his troops. That island was then called Umm-Hakim. When the Moslems settled in the island, they found no other inhabitants there, than vinedressers. They made them prisoners. Ibn Abd-el-Hakem, History of the Conquest of Spain, trans. by John Harris Jones (Gottingen, W. Fr. Kaestner, 1858), pp. 18-22.

Some of the excerpts are verbatim transcriptions after direct and indirect sources of Law. There is no need to be familiarity with foreign languages necessary since the course is designed around French, German and Spanish translated materials into English.

    1. A marriage contracted about 1109 with Urraca, the daughter of Alfonso VI., and Queen of Castile and Leon in her own right, promised fairly for the Christians of the Peninsula, for shortly after Alfonso assumed the title of "Emperor of Spain," and prepared to invade the Moslem territory. Unluckily for the Christian cause a bitter quarrel sprang up between husband and wife, followed by a desultory and cruel war between their respective kingdoms, ending in the total expulsion of Alfonso from Urraca's. The chronicle of James I of Aragon, by John Foster.

It is a set of basic legal materials, in print and electronic formats, for historical research of History of Spanish Law. Hence the materials focused on custom and law in Early Spanish History, providing an annotated overview mainly of online legal history resources in English and Spanish as well.

    1. We, Don Ferdinand and Dona Isabella, by the grace of God, king and queen of Castile, Leon, Aragon, Sicily, Toledo, Valencia, Galicia, Majorca, Seville, Sardinia, Cordova, Corsica, Murcia, Jaen, the Algarves, Algeciras, and Gibraltar; count and countess of Barcelona; lord and lady of Biscay and Molina; duke and duchess of Athens and Neopatras; count and countess of Roussillon and Cerdagne; marquis and marchioness of Oristano and Gociano… Privileges and Prerogatives Granted by Their Catholic Majesties to Christopher Columbus : 1492.

Through the use of verbatim excerpts from the transcript of the direct sources presented in these webpages, the reader will have a lateral thinking for improve and develop a depth of knowledge watching Spanish law and legal institutions being made.

    1. It is concluded and agreed that the marriage between His said Majesty King Alfonso XIII. And Her said Royal Highness the Princess Victoria Eugénie Julia Ena shall be solemnized in person at Madrid as soon as the same may conveniently be done.

The High Contracting Parties take note of the fact that Her Royal Highness the Princess Victoria Eugénie Julia Ena, according to the due tenor of the law of England, forfeits for ever all hereditary rights of succession to the Crown and Government of Great Britain and Ireland and to the Dominions thereunto belonging or any part of the same. Decrees Concerning the Style of Infante de España, 1765-1920.

At the end of the course, students are expected should be able to demonstrate that they understand the mainly complex topics surrounding History of Spanish Law, that they can identify and analyze efficiently for the source material, and that they have optimized the time invested in order to gain a further knowledge of the historical facts of the legal situation of Spain as well as the institutions and legal resources supporting the changes prior to 1978.

In conclusion, it would be desirable if you are able to relate, to apply ideas, to reason critically and summarize the main facts in the evolution of the History of Spanish law. The teacher is always willing to help and support your learning process.

Main subjects to study through the custom and law in Spanish Legal history

This website-guide has been drawn up in accordance with the 2014 guide for the students of Grade in Law, Faculty of Law-University of Alicante.

The guide book is obtainable, but it has been planned to deliver and provide scanned pages online (through Campus Virtual) for completing the acknowledgment from original-indirect sources. The same now seems to be necessary for the textbook as well; recommended reading appears at the end of each section in website, for those wishing to supplement the text. And in addition check the Bibliografía recomendada at the Campus Virtual where you can find the suitable textbook for your knowledge.

Sources volume is not obtainable, but more of them are provided by scanned pages online for consultation, especially those which can enhance your learning.

Supplementary readings in primary sources may also appear at the Campus Virtual from time to time, with previous written notice.

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