Reflections on the frustrated Spanish project for a Special Law on Private International Law

Abstract

The 50th anniversary of the publication of the Preliminary Title of the Spanish Civil Code offers a good opportunity to review the Spanish doctrine’s attempt to draft a Special Act of Private International Law between 2002 and 2007 and, in connection with this, to reflect on the advisability and viability of undertaking a reform of our autonomous system in the present day. In this regard, although the regulatory context has changed considerably in these almost 20 years, some of the problems identified at the beginning of the 20th century with respect to Spanish domestic Private International Law still persist, which makes it appropriate to raise the question of a possible new initiative with a view to develop a Special Act of Private International Law for Spain. The present study, therefore, brings in some elements for this already practically disregarded debate in Spain.