Regarding the Evidence in Spanish Civil Law


Article 281 of our Civil Procedure Law states that


"1. The evidence will have as its object the facts that are related to the judicial protection that is intended to be obtained in the process.


2. Customs and foreign law will also be tested. Proof of custom will not be necessary if the parties agree on its existence and content and its rules do not affect public order. The foreign law must be proven with regard to its content and validity, and the court may use any means of inquiry it deems necessary for its application.


3. Facts on which there is full agreement by the parties are exempt from evidence, except in cases where the subject matter of the process is outside the power of disposition of the litigants.


4. It will not be necessary to prove the facts that enjoy absolute and general notoriety".


Likewise, article 283 provides that


"1. No evidence should be admitted that, because it is not related to what is the object of the process, has to be considered irrelevant.


2. Evidence that, according to reasonable and safe rules and criteria, in no case can contribute to clarifying the disputed facts, should not be admitted as useless.


3. Any activity prohibited by law will never be admitted as evidence."

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