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Application of Procedural Law Rules

Explore the principles and scope of temporary efficacy and territorial application of civil procedural rules, with a focus on Spanish procedural law. Understand the exceptions and special applications that may arise from international treaties and the peculiar features of Autonomous Communities' substantive law.

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Application of Procedural Law Rules

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  1. Application of Procedural Law Rules Temporary Efficacy Territorial Scope of Civil Procedural Rules.

  2. Temporary Efficacy General Principle: Procedural Law is never retroactive.

  3. Substantive Law applies:

  4. Procedural Rules applies:

  5. Territorial Scope of Civil Procedural Rules Art. 3 LEC: with the sole exception which may be stipulated in International Treaties and Conventions, Civil Procedure taking place in Spain shall only be regulated by Spanish procedural rules.

  6. Spanish Autonomous Communities Art. 149 CE: State holds exclusive competence over procedural matters without prejudice to the necessary special applications in these fields, derived from the peculiar features of the substantive law of the AC.

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