The rule, unmodified since the entry into force of the Organic Law of the Judiciary in 1985, updates the communication acts of judicial and extrajudicial documents, as well as the process of obtaining and handling evidence. The text also modifies the exequatur, a special civil process aimed to recognize and execute foreign decisions in Spain.
Other innovative point regulated in this preliminary draft bill is the direct judicial communications and issues related to the proof of Foreign Law. This fact allows the judges to apply the Spanish Law in those cases where the content and validity of the foreign Law couldn’t have been proven.
In this sense, the preliminary draft bill stablishes that “notaries and registrars will favour the execution of foreign public documents and the inscription of legal foreign institutions in public registries by adapting those that might result unknown for the Spanish Law.”
It is also laid down in the rule that in these situations “foreign legal documents will be adapted as long as they have equivalent effects and the same objective in the Spanish legal system”.
You can consult the full preliminary draft bill clicking here.
Written by UAIPIT Team
Source: www.mjusticia.gob.es
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