Spain: The Application of Foreign Laws in Spain – Critical Analysis of the Legal Novelties of 2015
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The Spanish system about treatment of foreign laws is regulated in different legal sources including the recent Act 29/2015 on International Legal Cooperation. The inconsistency between the mandatory nature of conflict of laws rules and the burden of parties of proving the foreign law makes the system unsatisfactory in the judicial scope whereas more flexible solutions -and consequently more satisfactory outcomes- can be evidenced in the non-judicial scope. This research approaches both scenarios from a legal and practical perspective and analyses the current solutions and some proposals of improvement.