NYHETER

More collaboration between Spanish and foreign authorities

09feb

Derecho Inmobiliario y cuestiones Fiscales

Modifications of the law of International Legal Cooperation

The civil responsibility of crime and working contracts will also be controlled by this law

The Law, that came into force on the 20th August 2015,  is a novelty in this area as until now did not exist a Law of International Legal Cooperation for civil matters. The rule requires a mutual internal legislation, very often difficult to obtain if poor relationships existed between the countries, this regardless of International Treaties and Agreements.

the modification of lawok

The rule allows the exceptional application of Spanish Law as long as it has not been possible to try the foreign Law.

-The Law considers the general principle of cooperation even with the lack of reciprocity

-It considers direct legal Communications between the Spanish territorial departments

-The Ministry of Justice will be formed as the central Spanish Authority, and the Central Registry Office as the authority in charge of matters subject to the Law 20/2011, dated 21st July, of the Civil Registry.

-Common legal system applicable to the International legal Cooperation in the civil area, which will fill the existing empty space to date in this matter. To be pointed out that at present there exists a common internal system in the subject of International legal cooperation.

-A new figure is included: the parcial exequatur, one of the most needed legal figures of reform in our internal legislation, as the present regulation of the articles 951 to 958 of the Law of Civil Lawsuits of 1881, did not include the agreement and coordination with the jurisprudence of the Supreme Court. In short a doctrinal and jurisprudential update has been carried out concerning same. 

More details of the Exaquatur figure

Notifications and reception of evidence. It is specified that the Spanish authorities may send the communications directly to their addressee by registered post and acknowledgement of receipt or by similar means with proof of reception and in a language that the addressee understands, even though this may not be the official language of the summoned State.

-Protection of personal details only for the process.

-Proof of foreign Law and application of Spanish law. It is foreseen that when the parties have not been able to vouch for the contents and validity of foreign Law, the Spanish law can be applied, to so avoid a refusal of justice that may be unjustified.

-International Lis pendens and related

-Entry in the public Spanish Registries of the legal rulings and of the public foreign documents.

-Adaptation by the Spanish Registrar of the foreign Rights to similar measures in the Spanish juridical law with equivalent effects to reach similar interests, without this adaptation being more effective than those in the Law of the Country of origen.

Ruling Structure

We would be very pleased to see you in one of our offices:

-Palma

  -Portals

-Soller

-Ibiza

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