Inheritance rights of foreigners in SpainForeigners who intend to inherit assets in Spain should know that succession laws tend to be different from country to country. Primarily, one needs to take into account that in …Read more
Reform of the Arbitration Reform Act in SpainThe reform outlined in Law 11/2011, dated May 20, 2011, does not bring about drastic changes to the existing arbitration system. Nevertheless, it introduces significant advancements with the ultimate aim of fortifying and encouraging arbitration in Spain, seeking to establish the country as an appealing destination for international arbitration cases.Read more
The Procedure of Debt Recovery in the European UnionWhile there have been reported instances of using the EOPP, the full potential and utility of these new procedures are yet to be realized. They seem to be infrequently employed and not widely known. Only time will reveal whether they will evolve into a cornerstone of the European Union’s civil debt recovery.Read more
Enforcement of Foreign Judgments in SpainDetermining jurisdiction in international disputes and recognizing/enforcing foreign judgments can be complex. To streamline this process, it is advisable for parties in cross-border agreements to thoroughly agree on jurisdiction and applicable law in case of a dispute.Read more
Regime of Arrears and Changes in the Civil Monitory Process in SpainThe monetary process is a straightforward procedure introduced since May 4th, which streamlines claims under €250,000, specifically for monetary debts documented in writing. Notably, legal representation is not mandatory for this process.Read more
The arbitration reform, an alternative to solve conflicts in SpainThe objective of the arbitration reform in Spain is to encourage alternative dispute resolution mechanisms, reducing the workload and costs of the Tribunals. With arbitrators appointed by the involved parties, the expectation is for arbitration proceedings to become more expeditious.Read more
The order for payment and the monitorio procedures in SpainIn dealing with clients who haven’t paid, companies often initiate conflict resolution by sending a formal requirement, ideally using the Burofax service provided by the Spanish post. Spanish judges, like those in many jurisdictions, appreciate efforts to resolve disputes out of court.Read more
Prejudgment Seizure Report in Debt Collection Procedures in SpainThis article provides a concise overview of various methods for enforcing legal demands in different types of debt collection proceedings in Spain: ordinary civil proceedings, civil proceedings involving exchanges or checks, and civil proceedings involving a summons.Read more
Procedures to retrieve a heritage in SpainTo determine the assets of a deceased party in Spain, take the following steps: create an account on the Registry of Movable Assets website to access their registered assets, and check for company ownership and financial status through the Registry of Commerce using the same process.Read more
Changes to the small claims procedure in SpainOn May 4, 2010, the Procedural Law in Spain underwent a reform with Law 13/2009, significantly expanding the application of the law. The small claims procedure, known as “proceso monitorio,” saw a substantial extension in its scope. Under the reformed legislation, debts of up to €250,000 can now be recovered, a significant increase from the previous limit of €30,000.Read more