New Developments as Regards the Right of the Children to be Heard in Civil Procedures in Spain

Taiwan Law Review 2022-4, no. 321

14 Pages Posted: 6 Mar 2022

See all articles by Carlos Esplugues

Carlos Esplugues

University of Valencia - Faculty of Law

Date Written: January 7, 2022

Abstract

The right of the minor to be heard in civil procedures involving him or her is very well enshrined in Spanish legislation both national and international to which Spain is a party. Nevertheless, the principle misses a clear, uniform and unanimous understanding by Courts and several issues relating to its practice are growingly under controversy. This has a very negative impact on the effectivity of the principle and may affect the minor and the necessary preservation of his or her best interest. This article analyzes the regulation –both national and international- of the right of the minor to be heard in civil procedures and the way it is implemented by Spanish Courts, stressing those areas in which exist controversies and/or missunderstandings.

Keywords: minor, right of the minor, audience of the minor, best interest of the minor

JEL Classification: K36

Suggested Citation

Esplugues, Carlos, New Developments as Regards the Right of the Children to be Heard in Civil Procedures in Spain (January 7, 2022). Taiwan Law Review 2022-4, no. 321, Available at SSRN: https://ssrn.com/abstract=4003001 or http://dx.doi.org/10.2139/ssrn.4003001

Carlos Esplugues (Contact Author)

University of Valencia - Faculty of Law ( email )

Avda. de los Naranjos s/n
Valencia, Valencia E-46022
Spain
34963828551 (Phone)
34963828552 (Fax)

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