WHAT IS THE PRINCIPLE " IURA NOVIT CURIA"?
The principle "iura novit curia" is a Latin phrase that translates to "the court knows the law." It is a fundamental principle in the legal system, particularly in civil law jurisdictions.
The principle signifies that it is the responsibility of the court or the judge to apply the law correctly and interpret it accurately in a legal proceeding. It means that the court has the knowledge and authority to determine and apply the applicable laws to a case, regardless of whether the parties or their legal representatives are aware of those laws or have correctly presented them.
"Iura novit curia" emphasizes the role of the judge as the ultimate arbiter of the law and ensures that legal decisions are based on the correct interpretation and application of the law. It highlights the importance of legal expertise and the impartiality of the judiciary in administering justice.
For example, something in this regard that it is frequently included in Spanish Civil Lawsuits in their Basis of Law is the following text:
"By the principle of "Iura Novit Curia," all legal and jurisprudential foundations, whether cited or not cited in this lawsuit, that are necessary for the court to resolve the case shall be taken into account, along with any other applicable principles."