THE EXEQUATUR PROCEDURE ACCORDING SPANISH LAW

It is a special process that aims to recognize the validity of a judgment of a foreign court and therefore allow them to run in a different State.

According to the Spanish Law requires:

1. May so provide international treaties.
2. In the event that there is no International treaty will serve the principle of reciprocity between the two countries, ie. if the state of origin of the judgement granting or not the judgments delivered value in Spain.
3. In the absence of the above, the statement must meet the following requirements: a) that has been issued as a result of the exercise of a personal action, b) that has not been rendered in absentia, c) the obligation is lawful Spain, d) that meets the requirements in the nation in which it was made and according to Spanish law to be considered authentic.

The procedure

This is not a new procedure that is going to resolve the matter again, simply verifies that the foreign judgment meets the requirements to be valid and therefore is enforceable in Spain.

Where should I provide it? Before the Courts of First Instance of the domicile or place of residence of the party against requesting, or the person who is referred to the effects of those. Alternative in the place of execution or where those judgments should produce their effects.

If it deals with commercial matters shall be competent Commercial Courts.

The Court may approve the judgment of the foreign country or not, the cases in which the judgment will not be recognized are:

1. If such recognition is contrary to public policy
2. When the judgment is rendered in default of appearance,
3. When the judgment is irreconcilable with a judgment given between the same parties in Spain
4. If the judgment is irreconcilable with an earlier judgment given in another Member State or a third country between the same parties to a dispute involving the same object and the same cause.

It must be provided the following documents:

a) A certified copy of the judgment legalized or with the Apostille of The Hague.

b) Certificate of testimony that the judgment is final.

c) Certificate that the judgment has been served on the defendant or if it has been rendered in absentia.

d) Sworn translation of the judgment.

e) Photocopy of the DNI / NIE.

f) General power of attorney.

g) If it is a judgment enforcement procedure for divorce, marriage certificate, birth certificate of children if any, and financial settlement if divorce has been mutually agreed.

If you have any concerns or enquiries about Spanish Law, please do not hesitate to contact me.

David Lorenzo - Spanish Lawyer UK
Foreign Law | Birchall Blackburn
dxlorenzo@birchallblackburn.co.uk
Spanish Properties in the UK

Asbestos: The danger you live and work with

Mesothelioma is a cancer of the mesothelium; the protective lining around the interior organs of our body, and can affect multiple areas including the abdomen, the heart and the testicles. The most common manifestation of the disease however is in the pleura (the outer lining of the lungs and internal chest wall), and is usually brought on by exposure to, and inhalation of asbestos fibres, either as a direct result of working with it, or through washing/treating the clothes of loved ones who have done so. 

The disease rarely develops less than 15 years after initial exposure, and in general does so 30-40 years down the line. This is key information as asbestos first became widely mined and used during the second world war, a process that continued through the 1960s and in some countries into the 1970s, with millions of people worldwide having been exposed. Although the first legal case involving asbestos-induced mesothelioma was settled in 1929, true appreciation of causality was not achieved until after numerous medical studies during the 1960s / 1970s. In the US, UK and Australia asbestos is now indisputably linked to the onset of mesothelioma, with no recognised threshold relating to 'safe' levels of exposure.

Symptoms can include shortness of breath, chest pains, coughs (including coughing up blood), unexplained weight loss, fever and anaemia. Patients are usually suspected to have developed mesothelioma on the basis of chest X-rays and CT scan findings. Diagnosis, however, can only be confirmed via cytology (the removal and study of cells) or biopsis; the removal of suspicious tissue. Treatment can involve radiation therapy, chemotherapy and in some cases surgery. 

Diagnosing the disease and developing prognoses is generally difficult as the disease produces symptoms found in many other unrelated illnesses, such as lung cancer. Research still is under way on the benefits of screening tests as a preventative measure. However, as the disease develops patients can experience abdominal pain (due to a build up of fluid), bleeding of bodily organs, jaundice, blood clots in the arteries and veins, and tumour masses in the abdominal cavity. Ultimately, life expectations for sufferers of mesothelioma are severely reduced.

In the UK, sufferers of asbestos related diseases can contact the National Asbestos Helpline free on 0808 250 6775. Established specifically to help asbestos victims, they offer legal, emotional and financial support and n the last 6 months alone they have recovered £3,500,000.00 for asbestos disease sufferers and their families. They also boast a 100% satisfaction record, and more information is available on the organisation at www.nationalasbestos.co.uk