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How are the deadlines to appeal by months computed in Spanish Law?


The doctrine of the Supreme Court on the terms indicated by months is reiterated, which are computed from date to date, beginning the computation of the term the day after the notification or publication of the act, but the expiration date being the monthly correlative day to that of notification and this in proper interpretation of art. 48.2 of Law 30/1992.


When it comes to terms of months (or years) the computation must be made according to the fifth article of the Civil Code, from date to date, for which, even when it begins the day after the notification or publication of the act or provision, the period ends on the day correlative to such notification or publication in the month (or year) in question.


The unified and general system of computations thus established is the most appropriate to guarantee the principle of legal certainty. The computation of the final day, from date to date, when it is a term of months has not changed and continues to be applicable, according to constant jurisprudence relapsed in the interpretation of article 46.1 of the current Jurisdictional Law so that the two-month period to appeal before this jurisdiction a certain administrative act, although it begins the following day, ends the day correlative to the notification in the corresponding month (Ruling of the National Court dated April 7th, 2014).

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