The incorporation of historical law into the development of Valencia’s modern civil law

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Published 12-06-2024
Javier Palao Gil

Abstract

Of all of the territories of the former Crown of Aragón, only the kingdom of Valencia completely lost its own law due to the new government charter established by the Bourbons in 1707. The consequences of this are still felt today and still distinguish it from the kingdoms with which it shared history and politics for several centuries. This is because it is the only one of these subject to civil law that is not its own. We have provided several reasons to clarify this point, ranging from purely historical grounds to legal, political and even sociological reasons. In recent years we have acquired further knowledge about this, providing additional information and a more complete and accurate picture. Two different, but related, issues are considered: on the one hand, the complete abolition and its consequences; on the other hand, the Valencia government’s recovery of the power to legislate civil laws, the resulting legislation and its link with historical law. The paper deals with both issues separately, with its final pages devoted to the role of and results achieved by historians.

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Keywords

Charters of Valencia, Valencia’s civil law, Spanish constitution, Statute of Autonomy of the Valencian Community

Section
Artículos