Civil Jurisdiction And Jury Court:Proposals For Improvement In Spain From Comparative Law


Alfonso Ortega Giménez*

The Jurycourt is a fairly common institution in any of the existing legal systems in the world. There is an important difference between the continental and Anglo-Saxon models, highlighting the main difference the existence of the Jurycourt in civil litigation, unusual situation in the continental system with exceptions, and in particular in Spain. We will also analyze a hypothetical reform of the Juryin Spain by doing a legal analysis with other States.For this purpose, a comparative study is carried out betweenthe instructions given in Spain and in other countries such as the United States, given that it was the North American model in which, mainly, the Spanish legislator was inspired when he developed the article 125 Spanish Constitution, which provides for the participation of citizens in the Administration of Justice.We will continue with the analysis of the Scandinavian jury and the mixed jury. We will deepen our analysis of the jury in Spain, its structure, the characteristics of this figure and the areasin which the jury can be used, highlighting that this figure is established in the Spanish Constitution.We will continue analyzing the jury in other countries such as the United States, Canada and Austria, highlighting its form of regulation, its legal framework, the regulatory procedure, the requirements for its selection and its application in practice, analyzing examples and application data in practice.In the last section we will analyze a hypothetical reform of the Jury in Spain through a legal analysis according to how the Jury is instructed in the United States, in order to improve the functioning of the Jury in Spain.


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