LA NUEVA ESTRUCTURA DEL SISTEMA ESPAÑOL DE COMPETENCIA JUDICIAL INTERNACIONAL EN EL ORDEN CIVIL: ART. 22 LOPJ

• Published in: Revista española de derecho internacional 1989-01, Vol.41 (1), p.113-156
• Main Author: Amores Conradi, Miguel A.
• Format: Article
• Language: Spanish
• Subjects: DOCTRINA
• ISSN: 0034-9380; 2387-1253

The enactment of L. O. 6/1985 concerning the Judicial Power has implied a radical change of the spanish courts international jurisdiction in all subjects. The present article is directed to expose the new system structural rules just concerning the civil and commercial matters (art. 22 LOPJ). On this purpose, the article begins with the exposition of the new system general principles, particularly regarding the consitutional ones, which determines its entire orientation. Afterwards, the general characters of the new regulation are equally analyzed: the autonomy of the international jurisdication system, its completeness and general scope, pointing out how thay are only partially realized in the concrete articulation of the rules. Later on, the article is devoted to the different rank of rules wich attribute jurisdiction: exclusive, general and special ones according to the subject, and their relations. A particular section is dedicates to the admissibility of choice of court, and the limitations thereof, concluding that although the general scope it seems to have in the systematic of art. 22, it is necessary to stablish certain material restrictions to its effectivity, both in its positive (prorrogation fori) as in its negative (derogation fori) function. The article ends with the consideration of the nature and procedural ways of exercise of the international jurisdiction verification, a question where, one again, the general rôle assumed by the choice of court becomes decisive to the meaning of the new system.