The new Regulation relating to the jurisdiction, recognition, and enforcement of judgements in civil and commercial matters is a step further in the process of European integration in the field of Judicial Administration, given that it simplifies and accelerates the enforcement of rulings issued in other European Union Member States.
There are several laws related to alternative dispute resolution of advertisement disagreements in Spain. Many measures have been set up so that the claimant/victim in an advertisement law dispute can get the compensation he/she deserves. However, this does not include damages, but mainly measures such as correcting the advertisement that caused the dispute or prohibitions of specific advertisements.
In 2011, the entity Bankia made a public offering of shares (IPO), where the detail brochure, the only informative channel for small investors, distorted the veracity of the entity’s accounts. Five years later, the Supreme Court ratified the nullity of the purchase of shares.
An out-of-court settlement is a legal arrangement between parties outside of court and without a trial. Some of its benefits are the reduction in expenses and stress, its greater privacy, its predictability, finality and flexibility. In Spain, the modification to the Bankruptcy Act has introduced out-of-court settlement as an alternative to contestations and formal refinancing agreements.
In October 2015, the limitation period for actions to reclaim debts and obligations involving business relations as well as for the provision of services in Spain has been reduced when there is a contract and law does not specify a particular deadline. This measure will affect numerous legal actions.
Council Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.
Electronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.
Assignments of receivables is an act where a creditor transfers the ownership of the rights to receivables to a third person.
When judicial proceedings in Spain involve hiring expert witnesses it is important to remember that their performance is one more factor that could tip the scale. Recent judgments are proof of that.
With more frequency, proceedings and lawsuits in Spain are with opponents from non-Spanish-speaking states. In such cases, the law in Spain requires the translation of written documents supporting the claim. Failure to do so may underestimate the written evidence and jeopardize the proceeding.
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