ACTUAL EXAM 2026 QUESTIONS WITH
ACCURATE ANSWERS GRADED A+
⩥ Sources in domestic law. Answer: - national legislation
- case law (court decisions)
- custom
- general principle of law
⩥ Sources of international law. Answer: - international treaties and
conventions (multilateral or bilateral)
- derived law from international orgs (EU or Hague conference)
- model laws or soft laws (model laws, principles, non- binding guides)
⩥ Is PIL a national or international issue?. Answer: national
⩥ Which rule gives the State exclusive authority over PIL?. Answer:
Article 149.1.8 of the Spanish Constitution
⩥ Where do we find PIL rules in Spain?. Answer: - Preliminary Title of
the Civil Code (Articles 9 to 12)
- LOPJ (Organic Law on the Judiciary): regulates international
jurisdiction
,(Articles 21-25)
- International treaties ratified by Spain
- Case law from the Supreme Court and legal doctrine
⩥ What is the hierarchy of Spanish law?. Answer: 1. Spanish
Constitution (CE)
2. European Union Law (once adopted)
3. International treaties
4. Organic and ordinary laws
5. Decrees and regulations
6. Custom and general principles of law
⩥ What relevance does EU law have in PIL?. Answer: A lot! the EU has
legislative powers over PIL.
⩥ Since when does the EU have legislative powers over PIL?. Answer:
Since the treaty of Amsterdam (1997) and under the TFEU
⩥ What is the current legal basis of EU PIL?. Answer: - Art. 81 TFEU:
allows judicial cooperation in civil matters (jurisdiction, applicable law,
recognition of judgments)
- Art. 67.4 TFEU: reinforces mutual recognition of court decisions
across the EU
, ⩥ Which secondary (regulatory) instruments are key?. Answer: -
Brussels I bis Regulation (1215/2012): Jurisdiction and recognition of
civil/commercial judgments
- Rome I Regulation (593/2008): Law applicable to contracts
- Rome II Regulation (864/2007): Law applicable to non-contractual
obligations
- Rome III Regulation (1259/2010): Law applicable to divorce and
separation
- Succession Regulation (650/2012) (also known as Rome IV or
Brussels IV): Law applicable to cross-border successions + European
Certificate of Succession
- Insolvency Regulation (848/2015) and Brussels II ter (2019/1111) on
family and children
⩥ What international treaties has Spain signed?. Answer: - 1980 Vienna
Convention on the International Sale of Goods (CISG)
- CMR Convention on international road transport of goods
- Conventions from The Hague Conference (e.g., child abduction,
successions,
child protection...)
⩥ What if there's no EU rule or bilateral treaty?. Answer: In that case,
Spanish national law applies, always following this hierarchy:
1. EU Law
2. Bilateral/multilateral treaties