The lack of allegation and proof of applicable foreign Law. Comments on the judicial decision 183/2023 of the Provincial Court of A Coruña (3rd section), issued on May 24, 2023

Abstract

On May 24, 2023, the Provincial Court of A Coruña resolved an appeal filed against a ruling that, in turn, declared an action to challenge the filiation of a minor of Venezuelan nationality to have expired, establishing a maintenance benefit in his favor. In its ruling, the Provincial Court, after analyzing the connection points that attribute jurisdiction and competence to the Spanish courts and that allow determining the applicable law in this type of cases, argues about the possibility of applying foreign law ex officio despite the lack of allegation and proof thereof by the interested parties.