The Legal Certainty in Spain is a general principle of the law, established in Article 9 of the Spanish Constitution, which in its numeral 3 dictates as follows:
“The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal enactments, the non-retroactivity of punitive measures that are unfavourable to or restrict individual rights, the certainty that the rule of law will prevail, the accountability of the public authorities, and the prohibition against arbitrary action on the part of the latter”.
This concept has been reinforced many times by the Constitutional Court and by the legislators through the creation of subordinate laws that guarantee the protection of citizens and, thereby, investors.
Therefore, for commercial traffic, there are the property and commercial registries, where the acts and contracts are presented before a Notary Public, or ruled by a Judge, providing publicity to third parties and offering huge guarantees to the investments made in Spain.
As an example, if I formalize a purchase-sale before a Notary Public, before handing the writing to the other party, the Notary checks that all the formalities and the current laws are respected, and that the person who sells is legally entitled to do so, for that purpose, the Notary also checks for the presence or lack thereof of fees or responsibilities regarding the asset. The purchase is introduced before the property registry and is enforceable to third parties, that is, everybody will have to respect it.
Our judicial system, clearly separated from the legislative and executive powers, guarantees a fair unpoliticized treatment to investors, meaning that Spanish judges and courts are subject only to the rule of the law, to solve the controversies that may arise.
The Constitutional Court is the body in charge of guaranteeing that the laws fallow strictly the Constitution, and that they apply and obey the fundamental principles included in it.
With the Constitution as a general reference framework and starting point, the Spanish legislative system constitutes a complex set of rules, which includes, hierarchically, from organic to ordinary laws and the rest of the positive rules and regulations regarding private and public law. All of the laws must be approved by the General Courts and are published in the Official Gazette of the State so that all of the citizens have access to its contents, which allows them to know with clarity the legal framework within which they act.
We take this opportunity to greet you kindly and remind you that we are at your disposal to resolve any doubt that may arise regarding this subject