The current Spanish Code of Civil Procedure 1/2000 of date 7 January (CCP), articles 812 and subsequent, concerns debt collection proceedings in Spain. It describes the accelerated procedure through which …
Mediation is a voluntary way to resolve disputes between two parties with the help of a third party, qualified to be impartial and neutral to guide these parties in achieving …
Foreigners 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 …
The 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.
While 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.
Determining 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.
The 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.
The 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.
In 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.
This 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.
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