Reflections on a New Interpretation of Article 12 of the Código Civil

Abstract

Since article 12 of the Cc entered into force, its general nature has been affected by different factors which have increased in importance with the passage of time. The result has been the limitation of the hoped for "general effectiveness" of article 12. Social, legal and political changes have taken place. As regards the first type of change, social matters that today are considered
issues of PIL have undergone both qualitative and quantitative changes and are not anything like those contemplated by lawmakers in 1974. From this perspective, article 12 of the Cc seems to be out of date and unable to meet the demands of today's foreign private affairs. More important yet are the legal and political changes that have taken place which culminated in the enactment of the spanish Constitution in 1978.