ABSTRACT
Access to justice has traditionally been understood as access to courts and judicial remedies. While judicial protection remains an essential guarantee of the rule of law, this article argues that a purely jurisdictional conception of access to justice is insufficient to ensure the effective and equal protection of rights in contemporary societies. Drawing on the civil law tradition, the paper develops a preventive and institutional approach to access to justice, emphasizing the role of public legal institutions endowed with public faith (fe pública).
The article analyses the notarial function and civil registration systems as core institutions of preventive justice. It argues that notaries and civil registrars operate ex ante, ensuring legality, legal certainty, and the official recognition of personal legal status before conflicts arise. By producing public documents and exercising preventive legality control, these institutions reduce litigation, protect vulnerable individuals, and strengthen institutional trust. Through a comparative perspective focused on Spain and Italy, the paper demonstrates that preventive justice constitutes a structural feature of civil law systems and a necessary dimension of effective access to justice.
Estrella, Cristina Alejandra, Access to Justice from a Preventive Perspective in Civil Law Systems (December 10, 2025).
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