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
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: Suggested Citation