General Principles of the Law of Navarre

Abstract

This paper shows that the general principles of the law of Navarre cannot be properly understood without the sense of the legal tradition of Navarre. Law 9 of the Cortes (parliament) of Pamplona prescribed that gaps of the laws or fueros of Navarre should be filled by Roman law or Common law, particularly that of Castile. The same principle was laid down in the Spanish civil code (1889, art. 12) and in the Fuero Nuevo (1973, art. 1), as both laws recognize the value of Roman law in interpreting and filling the gaps of the current laws of Navarre. The author explores the influence of the Corpus Iuris Civilis in the private law of Navarre, paying particular attention to some institutions such as the family.