This article delves into the procedures and legal framework for recognizing and enforcing foreign judgments in Spain, crucial for legal practitioners, international businesses, and individuals aiming to enforce such judgments within Spain. It highlights the Civil Procedure Act and the Legal Cooperation Act, detailing eligibility criteria for judgments, necessary documentation, procedural steps, and grounds for challenging enforcement. The distinction between recognition and enforcement is clarified, emphasizing the importance of meticulous preparation and the potential for partial enforcement. Given the process's complexity, seeking expert legal advice is advisable to navigate the exequatur procedure and enforcement actions effectively.
Recognition and Enforcement of Foreign Judgments in Spain: A Comprehensive Legal Overview
(8 min read)
Civil and commercial enforcement in Spain is governed under the Civil Procedure Act (Ley de Enjuiciamiento Civil), Book III and, particularly, by the Legal Cooperation Act, Title V.
Any judicial decisions, legally defined as those rendered by a jurisdictional body of any State independently appointed, can be recognised or enforced, as well as arbitration awards in the terms of the NY Convention.
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Please see the full article from ICLG.
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