Интерлокальные коллизии в международном частном праве Испании

Государство и право. 2026. № 6. С. 170–183.

Erpyleva N., Kasatkina A., Getman-Pavlova I. V.

The institute of the General Part of private international law “application of the law of a country with a plurality of legal systems” is characterized by increased theoretical complexity, and its issues arise in the courts of virtually all states. The main form of plurality of legal systems is territorial, i.e., the presence of internal interlocal conflicts. It appears that such plurality is characteristic of most jurisdictions, as nearly all states include some territorial units with a certain degree of legal autonomy in matters of private law. In this regard, interlocal conflicts in the private international law of Spain are of special interest, because Spain is a formally unitary state where the plurality of territorial legal systems is enshrined at the constitutional level, and conflicts between different regional laws arise more frequently than in many federal states. This article, using a robust legal methodology (methods of comparative analysis and comparative law, formal-logical and historical, dogmatic and semantic interpretation of texts), examines the constitutional foundations of Spanish interlocal law and its specific features (the institution of civil neighborhood). Particular attention is given to the application of private international law instruments to interlocal conflicts. The study yields a number of general conclusions: 1) interlocal conflicts are characteristic not only of federal but also of formally unitary states, and therefore it is advisable to have a pre-developed regulatory mechanism for their resolution; 2) a general approach to resolving interlocal conflicts is preferably enshrined at the constitutional level; 3) from a legal technical perspective, the optimal instrument for resolving interlocal conflicts is the private international law rules of a given state; 4) the adoption of a special autonomous law on the resolution of interlocal conflicts appears inappropriate; the regulatory goal can be fully achieved by optimizing domestic private international law.

Keywords: конституция, международное частное право, Испания, Spain, constitution, private international law, интерлокальные коллизии, plurality of legal systems, множественность правовых систем, автономные сообщества, interlocal conflicts, внутренние коллизионные нормы, domestic conflict rules, formal rights, autonomous communities, civil neighborhood, форальные права, гражданское соседство