Rules for Spanish courts and agencies to cooperate with other countries

Automatic summary, not yet reviewed

1. The law regulates international legal cooperation between Spanish and foreign authorities in civil and commercial matters, including civil liability arising from crime and employment contracts.
2. European Union rules and international treaties come first, then special domestic rules; this law applies only as a fallback.
3. Spanish authorities cooperate with foreign ones without requiring reciprocity, although the Government may bar cooperation with a State that repeatedly refuses it.
4. The Ministry of Justice is the Spanish central authority: it checks that requests meet the requirements, guarantees their handling and helps solve difficulties.
5. Spanish courts can serve documents abroad, including by certified mail directly to the recipient, and documents must be translated into an official language of the destination State or one the recipient understands.
6. If the parties cannot prove the content and validity of a foreign law, the judge may apply Spanish law, exceptionally.
7. If a case over the same matter is pending in another country, the Spanish judge may suspend the Spanish proceedings if there is a reasonable connection, a ruling recognizable in Spain is foreseeable, and suspension serves the proper administration of justice.
8. Foreign judgments need exequáturExequátur Court procedure to declare that a foreign judgment is recognized in Spain and, if applicable, authorize its enforcement. to be enforced in Spain, except for denial grounds such as public policy or lack of defense for the defendant; the merits of the case are never reviewed.

Who it affects

• People involved in lawsuits with elements from other countries, for example documents or evidence abroad.: Rules on service of documents, taking of evidence and recognition of foreign judgments apply to them.
• Those who want to enforce in Spain a judgment issued abroad.: They must request exequátur before the Courts of First Instance.
• Notaries and property registrars.: They can request information on foreign law and adapt unknown legal institutions.
• Citizens with files handled abroad.: Translations made by consulates and embassies will have official status.

Words worth knowing

Exequátur

Court procedure to declare that a foreign judgment is recognized in Spain and, if applicable, authorize its enforcement.

Litispendencia internacional (international lis pendens)

The existence of a pending lawsuit over the same matter, between the same parties, in another State.

Autoridad central (central authority)

The body that receives and handles cooperation requests with other countries; here, the Ministry of Justice.

Orden público (public policy)

Basic principles of the Spanish legal system that a foreign ruling cannot contradict.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries