Wanting and not being able to or on the obligation to apply Procedure Law of the State to the Basque civil law and its consequences

Abstract

Exercising the competence of the Basque Autonomous Community to preserve, modify and develop its own civil law, recently, the Parliament of Gasteiz has granted 5/2015, act of June 25, on Basque Civil Law. If appear legal conflicts in relation to the institutions included in this act, the Civil Procedure Act of the State must be applied. However, when both acts are applied together, problems arise, especially in relation to Basque civil own institutions. Although, to overcome them, Basque legislator has created some jurisdictional norms, as a general rule state jurisdictional regulation must be applied.