On the timeliness (and the need) of a reform of the internal system of inter– regional law

Abstract

The Spanish legal system lacks a true system of interregional law. The dispersion of the conflict rule, especially as a result of the irruption of European rules, has transformed the internal structure of our system of private international law, based on the principle of unity of solutions. This fragmentation of sources is precisely what causes the effectiveness of the arbitrated solution to resolve conflicts of laws, generating uncertainty and a lack of predictability, both of which are further increased by the significant growth of the plurality of internal rules. The Spanish conflictsystem must therefore be reformed in order to, abandoning the pretension of establishing a unitary or common system for all categories of conflicts of laws, by applying the criteria used in private international law to internal conflicts of laws, reinforce the advantages and resolve the problems of the civil abode as the keystone of the system.