西班牙民事程序中有關兒童陳述意見權之最新發展

按西班牙之國內法及國際法上均已明確規範，兒童作為當事人在該國之民事程序中具有陳述意見之權利；然而，法院對於該項原則欠缺明確、統一及一致的理解，涉及實現該項原則之數項議題也日益存在爭議。此一情形對該項原則之有效性將造成非常負面的影響，且可能影響兒童最佳利益之必要維護。本文分析國內法及國際法上有關民事程序中兒童陳述意見權，及西班牙法院實現該項原則之方式，並指明目前存在爭議與（或）誤解的領域。

The right of the minor to be heard in civil procedures involving him or her is very well enshrined in Spanish legislation both national and international to which Spain is a party. Nevertheless, the principle misses a clear, uniform and unanimous understanding by Courts and several issues relating to its practice are growingly under controversy. This has a very negative impact on the effectivity of the principle and may affect the minor and the necessary preservation of his or her best interest. This article analyzes the regulation-both national and international- of the right of the minor to be heard in civil procedures and the way it is implemented by Spanish Courts, stressing those areas in which exist controversies and/or missunderstandings.