English version

The doctrine of the TS Spain

The doctrine of the TS (Supreme Court Spanish) must be, according to the tenor of the Art. 1.6 of the CC, "repeated", requirement this one that is translated in the need that exist two or more judgments in the same sense. The TS in his different Rooms has insisted on that the only judgment does not constitute a jurisprudence and that it is necessary to invoke at least two "substantially identical" judgments (SSTS Room 1a. of June 14, 1991, December 12, 1990 and December 11, 1989).

The above mentioned rule admits FEW EXCEPTIONS. But it is the case, v.gr., of the STS, Room 1a., of July 15, 1988. The TS solves a resource of cassation in which the appellant has invoked ONLY ONE DECISION to base the resource. In his solution, the same TS, after repeating that an alone judgment does not create jurisprudence, indicates that "in the resolution mentioned by the appellant, it actuated the Room 1a. of the TS in "plenary session", which attributes to the same special force in what to constitution of juriprudential doctrine it refers ".