| TAZ-TFM-2017-1499 |
Sobre las demandas de filiación extramatrimonial contra D. Juan Carlos I: inviolabilidad regia, igualdad ante la ley y tutela efectiva
Lázaro Mayor, Jonathan
Garrido López, Carlos (dir.)
Universidad de Zaragoza,
DER,
2017
Derecho Privado department, Derecho Civil area
Máster Universitario en Abogacía
Tipo de Trabajo Académico: Trabajo Fin de Master
Notas: In 2012 it is known by the Spanish public opinion the filing of filing petitions against Don Juan Carlos I of Borbón, one filed by Mr. Albert Solà Jiménez, not admitted for processing by Order of October 9, 2012 by the Court of First Instance number 19 of Madrid and another presented by Doña Ingrid Sartiau in the Court of First Instance number 90 of Madrid and also inadmitida to processing. After the judicial decision rejecting these claims with a bare ground based on the inviolability of article 56.3 of the Spanish Constitution, both would continue to claim that filiation petition. Finally, after the abdication of Don Juan Carlos I in favor of the Prince of Asturias as heir of the Crown and the attribution of competence to the Supreme Court to hear and process civil and criminal cases filed before the members of the Royal Family, foreseen in the new Article 55 bis of the LOPJ, will change the legal reasoning and the course of filiation claims filed against the King abdicated to this court. For this reason, it will be necessary to prolong the legal arguments presented in the lawsuits and claims of filiation established against Juan Carlos I de Borbón, still a monarch despite having abdicated, to evaluate the judicial assessment regarding the rights and guarantees Constitutional conflicts.
Notas: In 2012 it is known by the Spanish public opinion the filing of filing petitions against Don Juan Carlos I of Borbón, one filed by Mr. Albert Solà Jiménez, not admitted for processing by Order of October 9, 2012 by the Court of First Instance number 19 of Madrid and another presented by Doña Ingrid Sartiau in the Court of First Instance number 90 of Madrid and also inadmitida to processing. After the judicial decision rejecting these claims with a bare ground based on the inviolability of article 56.3 of the Spanish Constitution, both would continue to claim that filiation petition. Finally, after the abdication of Don Juan Carlos I in favor of the Prince of Asturias as heir of the Crown and the attribution of competence to the Supreme Court to hear and process civil and criminal cases filed before the members of the Royal Family, foreseen in the new Article 55 bis of the LOPJ, will change the legal reasoning and the course of filiation claims filed against the King abdicated to this court. For this reason, it will be necessary to prolong the legal arguments presented in the lawsuits and claims of filiation established against Juan Carlos I de Borbón, still a monarch despite having abdicated, to evaluate the judicial assessment regarding the rights and guarantees Constitutional conflicts.
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