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05 Jan 2019
Enforcement Foreign Judgment
This service is available across Spain
Who Is This Service For?
This service is for individuals or entities who have obtained a favourable court judgment outside of Spain and need to enforce it within the local jurisdiction.
Typically, these clients are international litigants, overseas businesses, or private individuals with cross-border disputes.
They often face challenges due to differences in legal systems, language barriers, and unfamiliarity with local legal procedures. Their primary issue is the inability to implement foreign legal decisions in Spain effectively.
This service addresses these problems by navigating the complexities of international law and local legal protocols, ensuring that foreign judgments are recognized and enforced in Spain.
It is particularly beneficial for those seeking to uphold their legal rights in cases like commercial disputes, family law matters, or financial claims across international borders.
What Does This Service Consist Of?
- Initial consultation to determine the country and specifics of the original Court judgments
- Based on the initial determination, the appropriate process for obtaining enforcements of the judgment in the foreign country will be provided
- Full assistance and representation throughout the legal process to enforce the Court judgment in your favour
To enforce a foreign judgment in Spain, the client must ensure that certain requirements are met. Firstly, the judgment must be final and conclusive from the court of origin. There are no specific nationality requirements; both local residents and non-residents can seek enforcement.
Most importantly, the foreign judgment must not contravene public policy principles in Spain and must have been issued by a court with proper jurisdiction. No enforcement will be possible if these basic criteria are not satisfied.
Procedure: Our Approach
The legal procedure to enforce a foreign judgment in Spain involves several steps.
- Initially, an application for enforcement must be filed with the competent local Court.
- This application should include a certified copy of the foreign judgment and, a translation into the local language.
- The court then examines the judgment to ensure it complies with local legal standards and international agreements.
- If the court approves the enforcement, it issues an order for its execution.
- The procedure may involve hearings, especially if there are objections or complexities.
- The entire process requires thorough legal knowledge and meticulous preparation of documentation to meet the specific legal standards of local Courts.
Benefits - Why Choose Our Service
Enforcing a foreign judgment in Spain brings significant benefits.
- It allows the client to exercise their legal rights effectively in a foreign jurisdiction.
- Successful enforcement means that decisions made in foreign courts are recognized and can be executed in Spain, providing a sense of justice and closure.
- It also ensures financial recovery or compliance with orders (such as in family or commercial cases) across borders, enhancing legal certainty and reducing the risk of non-compliance.
- For businesses, it facilitates smoother international transactions and dispute resolutions.
- Overall, it reinforces the principle of legal continuity and respect for international judicial decisions.
Key Elements of this Service
This service involves a comprehensive set of activities:
- Initial Consultation: Understanding the client's case and the foreign judgment.
- Document Review: Examining the foreign judgment, ensuring it meets local criteria.
- Translation and Certification: If necessary, translating the judgment and related documents into the local language and certifying them.
- Application Preparation: Preparing and filing the enforcement application with the relevant local Court.
- Representation: Representing the client in any court proceedings or hearings related to the enforcement.
- Monitoring and Compliance: Ensuring that the enforcement order is executed appropriately and dealing with any subsequent legal matters that arise.
- Client Communication: Keeping the client informed throughout the process and advising on any further steps or potential issues.
This comprehensive approach ensures that clients receive expert guidance and support in enforcing their foreign judgments in Spain.
Free Support Services Included
When combined with the free and innovative Advocate Abroad support services you can be sure that you are obtaining completely transparent legal services from registered and regulated English-speaking lawyers abroad.These support services include:
- Verification of the regulatory status of your professional.
- Fees as recommended by the Local Professional Body
- Fees specified in advance and legally guaranteed.
- Service levels agreed in advance and guaranteed.
- All professionals must hold professional indemnity insurance.
- Professionals' proficiency in English monitored.
- Continuous quality controls and reviews.