What is a pre-judicial matter ("cuestión prejudicial") in Spanish Law?


A prejudicial matter ("cuestión prejudicial") occurs when, in order to resolve the object of a litigation, it is necessary to resolve an issue that constitutes the object of another litigation before the same or a different civil court, provided that the accumulation of cases is not possible.


If we look at the etymology of the word "prejudicial", in spanish, which derives from the Latin words prae (previous) and iudicium (judgment), it turns out that a prejudicial matter is a judgment that must precede and be dealt with before another.


On the other hand, the Dictionary of the Royal Academy of the Spanish Language defines prejudicial as that "that requires or asks for a prior decision and prior to the sentence of the main thing".


Prejudiciality ("prejudicialidad") also refers to the difficulties that frequently appear in the logical path that leads to the sentence, and that force to formulate those previous judgments in order to continue advancing in the jurisdictional judgment.

1 view0 comments