INTRODUCTION
On 4th July 2014 the Council of Ministers passed the draft bill of the law on international judicial cooperation in civil matters.
In spite of its title, this law shall be applicable to civil and commercial matters equally. Likewise, it must be noted that within the complex framework of international agreements, this law shall have a secondary role. That is to say, the law applier should only turn to the national system when no applicable international or European community agreement exists.
Likewise, it should be mentioned, that when passed, this law shall revoke the resolutions of the Spanish Civil Procedure Act of 1881, which previously regulated these matters.
MAIN DEVELOPMENTS OF THE DRAFT BILL
Acts of notification and notification of judicial documents:
In this aspect, the regulation is completely new. Essentially, the Ministry of Justice is established as the Central Spanish Authority for such purposes.
Allegation of foreign law:
The main development consists of the application of Spanish law in the absence of the appropriate accreditation of foreign law.
Recognition and enforcement of judgements:
The regulation of the recognition and enforcement of judgements is established, which is subsidiary to the system established by treaties and agreements (especially Regulation 44/2001 EC), enabling a procedure, which is more in line with the current system.
CONCLUSION
A regulation, which, as a subsidiary regulation may have limited potential, shall be useful above all where the allegation of foreign law and acts of notification and the notification of judicial documents are concerned.
Vilá Abogados
For more information, please contact:
5th October 2014
