One of the distinctive features of the Spanish legal system in the field of civil law is its plurality, reflected in the coexistence of general civil law, embodied in the Civil Code, and the special or foral civil laws of Aragon, the Balearic Islands, Catalonia, Galicia, Navarre and the Basque Country.
Some of these civil law systems also have their own local particularities in certain areas.
Whether a person is subject to general civil law or to a special or foral civil law depends on his or her civil citizenship (vecindad civil).
Civil citizenship is a personal status held only by Spanish nationals. It is initially determined in accordance with the rules laid down in Articles 14 and 15 of the Civil Code and may subsequently change in the circumstances provided for by law.
Accordingly, in performing his or her functions, the notary must pay particular attention to the circumstances that make it possible to determine properly the civil citizenship of the person executing the instrument.
Among the grounds for changing civil citizenship, the Civil Code provides for its acquisition through continuous residence for two years, provided that the person concerned declares that this is his or her intention, and through continuous residence for ten years, provided that no declaration to the contrary has been made during that period. These declarations are entered in the Civil Registry.
Consequently, in order to determine a person’s civil citizenship, it may be necessary to ascertain the places where he or she has resided and the duration of those periods of residence, and also to check whether any of the declarations provided for by law have been made.
Where those circumstances do not make it possible to determine civil citizenship directly, the remaining rules contained in Articles 14 and 15 of the Civil Code must be taken into account.
