If you have a ruling that recognizes a right issued by the courts of a State other than Spain, and you want to enforce it in Spanish territory, you should know that to do so it is necessary to initiate the procedure aimed at its recognition or homologation. Our law firm in Murcia capital will advise you on the entire procedure to follow for the legalization of final foreign judgments in Spain through the Exequatur procedure established for this purpose, provided that the finality of said judgment has been declared.
To do this, we will carry out the study of the international regulations that, depending on the case, must be taken into account, since we are in a procedure in which the final sentence pronounced in a foreign country has the force in Spain established by the Treaties. respective.
This is a simple procedure, in which the documentation that must be provided along with The demand for exequatur varies depending on whether or not there is a bilateral agreement between Spain and the country to be treated..
We take into account the provisions of international instruments, whether Community Regulations or International Treaties, instruments that make the matter quite complex, since each case is different depending on the country of origin of the resolution.
Within the European Union there are various regulations that regulate this matter of the recognition of judicial decisions between member countries.
Outside the European Union, if there are no special Treaties with the nation in which they have been pronounced, they will have the same force as that given to enforceable decisions issued in Spain.
If it is not in these cases, the resolution will have force in Spain if the following circumstances meet:
- That the resolution has been issued as a result of the exercise of a personal action.
- That it has not been dictated in absentia.
- That the obligation whose fulfillment has been carried out is lawful in Spain.
- That the executory letter meets the necessary requirements in the nation in which it was issued to be considered authentic, and those that Spanish laws require for it to be authentic in Spain.
Furthermore, in these procedures it is essential to comply with a series of formalities that are required for the documents that must be provided, such as legalization of the sentence with the Hague apostille, in cases where it is necessary, Certificate of the finality of the sentence. Judgment, Certificate that the Judgment has been notified to the other party or, where appropriate, that it has been issued in absentia, sworn translation...
Therefore, we are faced with a procedure in which the study and fulfillment of certain requirements is essential, since it is about complying with a series of formalities, so that the Spanish Courts can certify whether they are met to recognize their effects in Spain, to which we will commit to working on in all its phases, although our experience allows us to give you the greatest guarantees of success.
