FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

I

This Law of International Legal Cooperation in Civil Matters complies with a mandate already contained in the twentieth final provision of Law 1/2000, of January 7, of Civil Procedure, and, in fact, pending from The promulgation of the Organic Law of the Judiciary in 1985, thus filling the imperative need to provide Spain with a modern regulation on international legal cooperation in civil matters.

Within a complex framework of international relations with numerous international treaties and agreements in force, and numerous provisions of the European Union an Act of International International Cooperation must have a subsidiary character. This is reflected in Article 2 (a) which, by virtue of the principle of the primacy of Union law, gives priority to the application of the rules of the European Union and international treaties and agreements in this field. that Spain is a party. The principle of specialty is reflected in Article 2.b), which allows the priority of specific sector-specific rules such as those contained in Law 22/2003, of July 9, Bankruptcy, in Law 54/2007, of December 28, of International Adoption, In Law 20/2011, of July 21, of the Civil Registry, and in the recast text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Decree of Law 1/2007, of 16 November, after its amendment by Law 3/2014 of 27 March. In this context, it is clear that an instrument such as this brings legal certainty and added certainty to the area of international legal cooperation.

The objective framework of this law must be limited. They are not therefore addressed in this law, by reference to more specific sectoral regulations and given the general framework nature of this rule, for example, the regulation of acts of cooperation to facilitate the filing of claims, foreign confrere processes, international legal aid, applications for obtaining food or international abduction of minors, insofar as they are matters that have a better fit in specific and specialized legal regulations; and without prejudice to the application of this legislation in the alternative to such matters.

The same has to be said of the rules governing the auxiliary functions of the Administration of Justice of diplomatic and career consular officials or other legally authorized persons. It has been possible to take advantage of this law to clarify the competences of Spanish officials and the conditions of the exercise of such powers, both by Spanish officials abroad and by foreign agents in Spain, but the basic character and its general framework allow for the submission of special and more detailed legislation on these aspects.

Nor do the claims against States that could fit in cases admissible by the United Nations Convention of 2 December 2004, on the jurisdictional immunities of States and their property, ratified by Spain On 21 September 2011, they are subject to a specific procedural development in this law, beyond clarifying what to do in case of sites and judicial notices directed against foreign states.

The concept of international legal cooperation is used very broadly in this law, which allows for the inclusion of matters such as international law-enforcement, recognition and enforcement of judgments or information and proof of foreign law, strictly speaking, are alien to the concept indicated and have traditionally been regulated in other normative bodies, such as the Civil Procedure Law or the Organic Law of the Judiciary.

II

This law applies in civil and commercial matters irrespective of the nature of the court, including civil liability arising from crime and work contracts, and part of a general principle favourable to the broad development of international legal cooperation, including in the absence of reciprocity, but with the possibility of refusal of international legal cooperation where there is repeated refusal of cooperation or prohibition legal to lend it. The interests of the citizenry to see their rights secured and protected, including the right to effective judicial protection, regardless of the more or less collaborative attitude of certain States, must not always be an obstacle. offer of reciprocity as good practice. These premises thus assume the general obligation of cooperation emanating from general international law.

In view of the importance of direct judicial communications in the world of international legal cooperation, the law chooses to enable all Spanish courts to communicate without intermediation with courts of other States within the limits marked by respect for the legal systems of both States and judicial independence. The existence of legislation which forms part of our legal system and which articulates the possibility of direct judicial communications, as provided for in Articles 11 (6), (7) and 15 of Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and in matters of parental responsibility, repealing Regulation (EC) No 1347/2000 and Articles 8, 9 and 31 of the Convention on the There is, of 19 October 1996, relating to jurisdiction, applicable law, recognition, enforcement and Cooperation in the field of parental responsibility and child protection measures, for example, makes it necessary to provide, even generic, enabling rules for direct judicial communications. The present day of the matter is manifested in the publication by the Hague Conference of the Emerging Guide regarding the development of the International Network of Judges of the Hague Conference and General Principles for Communications judicial, including commonly accepted safeguards in specific cases, within the context of the International Network of Judges of the Hague Conference.

III

Title I of the law regulates the general regime of international legal cooperation and applies to requests for legal cooperation in the field of the service of judicial and extrajudicial documents and documents. with regard to the procurement and practice of the test. In response to the current technical complexity inherent in international legal cooperation, the Ministry of Justice is designated as the Spanish central authority. This useful principle of concentration already exists in the internal Spanish legislation and thus, for example, the Law 20/2011, of 21 July, of the Civil Registry, configures, for similar reasons, the Central Office of the Registry, as the authority in charge in international cooperation in all matters subject to such law. The functions of the Ministry of Justice as the central authority are described in Article 8 of the Law and are largely in line with those attributed to it under international treaties and agreements and the European Union's rules, and facilitate international legal cooperation whether it is required by a Spanish authority or by the requested authority.

In the field of international legal cooperation in civil matters, this law comes to fill an internal vacuum arising from the absence in Spain of a common legal regime in this sector, applicable both to the acts of communication of judicial and extrajudicial documents as well as the practice and obtaining of evidence, with the idea that a general regime of international legal cooperation should be designed as an effective means to facilitate the task of the organs The role of the Court in its role of administering justice, thus allowing effectiveness in the field international judicial protection.

The current internal common regime of international legal cooperation is provided by the provisions of Article 177 of the Law on Civil Procedure, by Articles 276 to 278 of the Law of the Judicial Branch and by the Provisions of Chapter II of Title IV of the Agreement of 15 September 2005 of the Plenary Session of the General Council of the Judiciary, approving Regulation 1/2005, of the ancillary aspects of judicial proceedings (Articles 74 to 80).

This law integrates and details, with the precise adaptations, the indicated legislation, and thus passes to effectively cover the legislative referral made by article 177 of the Law of Civil Procedure, dedicated to the international judicial cooperation, internal legislation which would be applicable in the absence of European Union rules and international treaties resulting in application for the practice of judicial proceedings abroad and for when the foreign judicial authorities request the cooperation of the courts

This law improves the previous situation supported by Article 276 of the Law of the Judicial Branch for the cases of active judicial assistance requested by Spanish courts and in Articles 277 and 278 of the same law for cases of passive judicial assistance requested by foreign courts, and fills a legal void years ago.

The rules contained in Chapter I of Title I are common to legal cooperation in the field of notifications and the procurement of evidence. They describe the routes of transmission, the choice of which in the specific case will ultimately depend on the law of the requested or requesting foreign State, and the minimum content of the applications for the which the Spanish central authority shall verify that the content and the requirements laid down are legally binding, so that, where the application does not meet the requirements laid down in Article 10, it shall be returned to the requesting authority, indicating the specific reasons for the return. The law also deals with language and processing, which varies according to whether Spanish or foreign authorities are required, and it is specified that the requests addressed to Spanish authorities will be implemented in accordance with the Spanish and Spanish procedural rules. only exceptionally and at the request of the foreign authority, special procedures shall be accepted, provided that they are compatible with Spanish law and are practicable. The grounds for refusal are also detailed, further stipulating that there will be a reasoned decision rejecting the execution of the application.

The law deals with the execution abroad of legal proceedings by consular officials and Spanish diplomats and addresses issues of access to international legal cooperation, allowing the use of any technological means which are appropriate for the practice of the measures of cooperation, specifying that the costs shall be borne by the requesting authority, which may, where appropriate, have an impact on the party to whose request the application for international legal cooperation. The Spanish central authority shall in no case assume any expenditure arising from the requests for cooperation it receives, and may request a provision of funds if the foreign authority with which it cooperates requires it to pay any payment linked to the request.

IV

In Chapters II, III and IV of Title I, the special requirements concerning the scope of the notifications of judicial and extrajudicial documents and the obtaining of evidence are regulated. The required simplification of the regulation is appreciated, for example, in the choice of the means chosen for the practice of acts of communication, notification and transfer of documents abroad, and it is even available that the authorities The Spanish authorities may send the communications directly to their addressees by registered mail with an acknowledgement of receipt or a similar means of receipt. This possibility, the introduction of which responds to the will to facilitate notification and reduce its costs, must be linked to the provisions of Article 25 in relation to the language, since the documents may be transmitted in a language which the addressee, even if it is not an official language of the requested State. None of these forecasts will cause any difficulty in relation to the future recognition and execution of the Spanish decision abroad, if the part, as is frequent, appears and participates in the Spanish process. In addition, the cases of the defendant's failure to appear and the protection of the rights of defence in these cases have been provided for, and in relation to the acts of notification addressed to foreign states, a special rule has been introduced in the Article 27, the acts of notification and the transfer of extra-judicial documents shall also be regulated in Chapter III. Chapter IV contains special rules on the practice and procurement of evidence abroad where criteria of simplicity and subsidiarity are met in detail of the procedure, content and requirements of such activity.

Within the general regime of international legal cooperation, a rule has been drafted that addresses the specific problems of personal data protection by seeking a reasonable balance between the principles of proportionality and minimisation, and the need to avoid excessive restrictions or standards that could compromise the necessary fluidity of international judicial traffic. The proposed rule also provides for the need for all acts of international legal cooperation to provide clear information on the limits of the use of personal data transmitted.

V

In the field of proof of foreign law, it is not considered appropriate to alter the Spanish system in force after Law 1/2000 of 7 January of Civil Procedure, but it is considered prudent to specify that, when it has not been able to the content and validity of the foreign law will be accredited by the parties, the Spanish law may be applied, in order to avoid a denial of justice that could be unjustified if the demand is dismissed, and in search of the effective protection judicial.

It has thus been sought to influence one of the most controversial aspects of the system of allegation and proof of foreign law. Our system is characterised by a mixed system which combines the principle of argument and evidence at the request of the party with the possibility that the court may complete the test, using the necessary means of investigation. It was not specified until the date to be made in those cases where the foreign law could not be proved. In the forensic practice two solutions had been proposed in essence, the dismissal of the demand and the application of the lex fori. The present text is a result of this latest solution, which is the traditional one in our system and the majority in the systems of private international law in our environment. It is also the solution that is most suited to the constitutional case-law of which it follows that the dismissal of the claim would in certain cases lead to the right to an effective remedy.

It must be understood that the lack of proof of foreign law within a judicial process is an exceptional thing that will only happen when the parties fail to prove the foreign law and without forgetting the possibility that the The Court of Justice shall cooperate in the accreditation of such content In addition, specific systems should be respected which in special laws provide for other, equal or different solutions, for example, for consumer and user protection rules and for civil registration.

This law further clarifies the interpretation of the probative value of the test performed according to the criteria of sound criticism and determines the value of the expert reports on the subject.

VI

With regard to information on foreign law, the system that is adopted is subsidiary, which will condition its effective application, with respect to national and international regulations, if we consider the instruments The European Union, the two multilateral conventions of London of 7 June 1968, with its additional protocol made in Strasbourg on 15 March 1978, and of Montevideo of 8 May 1979, and the bilateral agreements in which Spain is a party and which contain provisions on the subject, for example, on the bilateral agreement with Morocco of 30 May 1997, that it very precisely regulates the information to be supplied and the routes, the communication being carried out in the best possible way through the designated central authorities. This is why an enabling process is regulated, but simple and simple at the same time, so that you can get a hypothetical answer.

In Article 35, for example, requests for information from foreign law are regulated by judicial bodies, and by notaries and registrars. In this field, false expectations should not be generated, since the regulation applies in the absence of a conventional or European standard and there is no guarantee that the foreign authorities will agree to provide such information.

VII

The definition of appropriate criteria for international and related litigency is an unavoidable requirement that must provide legal certainty and predictability to the parties. A direct consequence of the existence of parallel processes in different States is the possibility of conflicting resolutions. This law addresses this issue and provides a mechanism that is intended to be simple and effective in line with European Union policy trends.

The criteria provided by the new Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, for cases of pending proceedings before courts of third States, are thus generally admissible in relation to matters not covered by the said instrument.

It should be clarified that the introduction of rules on litigency and related links to third States by the said Regulation will ensure that they are applied in preference to the rules contained in this Regulation. text. Consequently, the provisions contained therein shall apply to matters not covered by that Regulation, that is, in essence, matters governed by the law of the person, family, succession and insolvency law.

In Article 39, the exception of litipendens is regulated. It should be noted that the assessment of the derogation is a potential one, as is the case in the European Union regulation which inspires the rule. This is appropriate and justified since it is a matter of assessing the concurrency of a process in a third State with which there is no link. Hence, the assessment of the derogation will be made dependent on a number of cumulative requirements, such as the foreign body being aware of a reasonable forum and the decision of the other body to be susceptible of recognition in Spain. Finally, it is necessary for the Spanish court to conclude that the suspension of the open procedure in Spain is necessary for the sake of good administration of justice. The lifting of the suspension, provided for in the second paragraph of the precept, is also subject to similar requirements, although in this case they are not cumulative but alternative (the conclusion or suspension of the procedure in the third State). in the case of the case; whereas it is unlikely that the procedure will be concluded within a reasonable period or that the continuation of the procedure for good administration of justice is deemed

.

The Preamble to Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 specifies the meaning of the latter requirement concerning the assessment of good administration of justice in the paragraph (24). It notes that an assessment must be made of all the circumstances of the case, in particular the connections between the facts of the case and the parties and the third State concerned (although this question will be assessed in accordance with the provisions of the contained in Article 39 (a) of this text, which is not in the text of the Regulation), of the stage in which the procedure is in that third State and if it is to be expected that the resolution will be delivered within a reasonable time.

VIII

The exequatur judicial process is one of the key pieces of the text and one of the most needed areas of reform in our internal legislation. The current Law 1/2000, of January 7, of Civil Procedure, repealed the previous Law of Civil Procedure, approved by Royal Decree of 3 February 1881, with the exception, among other rules, of Articles 951 to 958, on effectiveness in Spain of judgments handed down by foreign courts, which remain in force until the law on international legal cooperation in civil matters is in force.

The current design of Articles 951 to 958 of the Civil Procedure Act of 1881 does not coordinate with the case law of the Supreme Court, which has overflowed the literal tenor of such precepts, nor with modern or special laws. with the most authoritative doctrine. For the design of a new judicial process of exequatur, the most current doctrinal currents have been taken into account as well as the most recent legislative concretions which, by way of example, arise from the European Union's regulations, and Specific examples of our recent legislation contained in texts such as Law 22/2003, of July 9, Bankruptcy, Law 54/2007, of December 28, of International Adoption, and Law 20/2011, of July 21, of the Civil Registry.

The rules in Title V represent a joint review of the sector of the recognition and enforcement of foreign decisions, which is considered to be particularly appropriate by virtue of two considerations. Firstly, it is a particularly relevant area in view of the fact that in the Treaties and Regulations of the European Union the principle of reciprocity is governed, in such a way that they are applicable only in respect of judgments originating in States party to such instruments and relating to matters covered by them. It is therefore very common for the cases in which the internal rules are to be applied. This legislation, currently contained in Articles 951 et seq. of the Civil Procedure Act of 1881, responds to outdated approaches and has been overcome by case law, so that we are faced with a regulatory sector. It is particularly necessary for modern regulation and adapted to the needs of an open society such as the Spanish one, in which external relations have ceased to be a minority and exceptional phenomenon. In Title V, the maintenance of exequatur is chosen as a special procedure, the purpose of which is to declare, by way of principal, the recognition of a foreign judicial decision and, where appropriate, to authorize its execution. This is in contrast to the rules laid down in the European Union's regulations and it is considered appropriate, since the regime contained in this text applies to resolutions originating in countries with which no link is maintained and it seems appropriate to maintain certain channels prior to the validity of the decisions taken by their courts.

The terminology and concepts are clarified, the type of resolutions that are susceptible to recognition and enforcement and its effects are detailed, and the issues of recognition and partial, incidental and of the amendments to foreign resolutions, modernising the grounds for refusal. The process that is designed for exequatur, always subsidiary to special international and internal norms, solventa all the procedural deficiencies that the current one has.

With regard to the recognition of a foreign resolution in an incidental manner, a reference in Article 44.2 has been avoided to the opening of an incident in accordance with the provisions of Articles 388 et seq. of the Law of Civil prosecution, thus allowing the incidental recognition to be carried out in an agile and simpler manner within each procedure according to the procedural laws, since the incidental process referred to in Articles 388 and The following information appears to be designed for other types of issues and their use would involve an exequatur within an open process where the solution may be simpler when the recognition is normally considered as the basis for the estimation or dismissal of the main claim, in such a way that it is the judgment determining the fitness of the document to prove what is intended. If a procedural exception is to be resolved with a prior character, the aptitude of the document can be assessed at such a time to prove the claims.

For the first time, the need to adapt the measures contained in the foreign sentence that were unknown in the Spanish order is regulated. As provided for in Article 4 (4), a measure of Spanish law which has equivalent effects and pursues a similar purpose or interests shall be adopted in such a case, although such an adaptation will have no more effect than those laid down in it. Right of the State of origin. Given that this is a delicate and difficult operation, either party may challenge the adaptation made.

With regard to firm or final foreign resolutions relating to matters which by their very nature are likely to be modified, such as food supplies, decisions on the keeping and custody of minors or the measures of protection of minors and incapable, it is expressly established in Article 45 that such resolutions may be modified prior to their principal or incidental recognition. This provision does not prevent a new application from being made in a declaratory proceedings before the Spanish courts, in the final analysis, the parties must decide either to amend the foreign judgment or to amend the opening a new procedure.

Article 46 sets out the grounds for refusing recognition of foreign judicial decisions and foreign judicial transactions. These are the usual reasons. In the field of public policy, it should be noted that while the reference to the peculiarities of the same in family or minor processes is not included in the article, it is clear that if the resolution affects minors, the public order must be assessed. taking into account the best interests of the child, it may be assessed for the purposes of the exequatur that if the decision affects minors and has been issued, except in cases of urgency, without having given the child the opportunity to be heard, in violation of fundamental principles of procedure of Spain, exequatur shall not be goat.

The precepts contained in paragraphs (b) and (c) deserve to be highlighted. Paragraph (b) refers to the infringement of the rights of the defence of any of the parties, a matter which could technically be subsumed in the concept of public order listed in paragraph (a). However, this reference to didactic effects is considered useful. It is also appropriate to provide that, if the decision is made in absentia, it is understood that the defendant's rights of defence have been infringed if the application was not notified on a regular basis and with sufficient time. At this point, the rule is stricter than that contained in European Union regulations, which do not require a strict formal regularity of notification. This is relevant, given that this is a provision that will be applied when there is no European regulation or international convention.

Article 46 (c) regulates the so-called control of the jurisdiction of the judge of origin, which is intended to verify that between the authority which issued the decision whose recognition is sought and the case on which the There is a reasonable connection, and this is not a matter for the exclusive competence of Spanish judges and courts. A guideline is provided to determine the existence of a reasonable connection from the bilateralization of the forums established in the Spanish international civil procedural law, which is sufficiently flexible, as the court is sufficient of origin has known from connection criteria similar to those provided for in our legislation.

In view of their increasing frequency, a special rule has been included for the recognition of foreign resolutions issued in procedures derived from collective actions. It is part of the fact that these resolutions can be recognised and enforced in Spain, but with additional channels. Thus, Article 47 refers to collective actions and provides useful tools to deal with some "class actions" that are not in our order. The recognition of decisions given in collective proceedings is subject to a review of the jurisdiction of the most stringent judge of origin, as it is required that the competition fora under which the court is established is This is not just the same as those provided for in Spanish legislation.

In Articles 48 and 49, the review is prohibited as to the substance and control of the law applied, and partial recognition is allowed instead. These are common rules in the systems for the recognition and enforcement of foreign decisions in the countries of our environment, which do not pose problems.

Chapter III refers to the enforcement of both judgments and judicial transactions. It is clearly stated in Article 50 that the same applies only after the exequatur has been obtained, thus making a reference to the provisions of the Law on Civil Procedure. It is particularly clear that the Civil Procedure Act also applies to the expiration of the executive action.

Chapter IV regulates the exequatur procedure, establishing rules on competition and free legal assistance and detailing the process and the admissible resources. The competition rules are exhaustive and do not constitute a substantial alteration of the current rules.

International legal cooperation must also address the extra-judicial scope as soon as it represents the normality of economic and family legal relations. It is for this reason that the present law devotes part of its articles to the execution and the notification and transfer of public documents, singularly notarial, as well as to the inscription of foreign titles in the Spanish public records of the Property, Mercantile and Furniture.

Public documents, especially notarial documents, constitute a pillar of international legal cooperation, as is clearly evident in the various manifestations of the European Union's private law, and, in general, in civil and commercial traffic with third countries.

This vocation of circulation of public documents, as they participate in the law of a common definition, taken from the instruments and jurisprudence of the European Union, determines that the law establishes a channel of notification and direct transfer for the authorised by notary. This is attributed to the regulatory value of frequent notifications in civil and commercial traffic in a globalized economy.

With regard to public documents, the law considers, on the one hand, that no prior procedure for recognition of the public document is necessary but, on the other, that its effectiveness in the country of origin must be assessed. in order to establish that there is at least the same equivalent effect. In any case, a common parameter with court rulings is that the content they incorporate cannot contravene public order.

A rule of adequacy is also provided for the legal institutions unknown in the same way as Article 44.4. Spanish notaries and civil servants will be in favour of the execution in Spain of foreign public documents by the adequacy, if any, of unknown foreign legal institutions, expressly providing for the possibility of appeal against the adaptation directly to a court.

An essential element of legal certainty is the registration in the Spanish public records of judicial decisions and foreign public documents. The full registration activity is governed by the specific Spanish registration laws, thus being a reserved area for the Spanish legislator. Accordingly, it is appropriate, as is the case in this law, to establish the activity of the Registrar of property, commercial and movable property in relation to the incidental recognition of judgments, disputes or judgments given in procedures for voluntary jurisdiction, submitted to registration, if they are final or final, or in another case. However, the person interested in the registration may first go to the main recognition of the decision, and then to pretend the registration, which will be practiced according to the general rules of the registration legislation in relation to Spanish judicial decisions.

The law provides for the adaptation of foreign securities. As a specific application of this technique, the registrar may use it in the event that measures are ordered or incorporated institutions or rights that are unknown in Spanish law, in which case they will be adapted, as far as possible, to a a measure or order known in the Spanish legal order which has equivalent effects and pursues a similar purpose and interests, without such adaptation having more effect than those laid down in the law of the State of origin, (a) before the entry of a communication to the holder of the right or measure in question; adaptation to be performed. In any event, the adaptation made may be contested. The registration of foreign public documents shall be governed by the applicable Spanish law.

Finally, a third final provision amending Article 27 of Law 5/2012 of 6 July, of mediation in civil and commercial matters, is introduced, a second final provision amending Law 1/2000, of 7 of Civil Prosecution to bring it into line with the provisions of Regulation (EU) 1015/2012 of the Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil proceedings civil and commercial matters, and Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012, concerning jurisdiction, the applicable law, the recognition and enforcement of decisions, the acceptance and enforcement of public documents in matters of succession "mortis causa" and the creation of a certificate of succession In addition to a final disposition of modification of the Mortgage Law incorporating the said certificate. Finally, the fourth final provision amends Law 2/2014 of 25 March of the Action and of the State's Foreign Service, in order to also recognise the official nature of translations of foreign public documents made or assumed by the representations of Spain abroad or those made by foreign representations in Spain of public documents of their own State. This makes it easier for citizens to relate to public administrations, especially when it comes to files or procedures that are dealt with, at least in part, abroad.

INDEX

Preliminary title. General provisions.

Article 1. Object.

Article 2. Sources.

Article 3. General favourable principle of cooperation.

Article 4. Direct judicial communications.

Title I. General arrangements for international legal cooperation.

Chapter I. General provisions.

Article 5. Scope of application.

Article 6. Effects.

Article 7. Spanish Central Authority.

Article 8. Functions of the Spanish Central Authority.

Article 9. Transmission of requests.

Article 10. Minimum content and requirements for requests for cooperation.

Article 11. Language.

Article 12. Processing.

Article 13. Execution procedure.

Article 14. Grounds for refusal.

Article 15. Execution by Spanish diplomatic and consular officials of procedural steps.

Article 16. Posting of judges, magistrates, prosecutors, judicial secretaries and officials to the service of the Administration of Justice and other personnel.

Article 17. Technical and electronic means.

Article 18. Costs, costs and legal aid.

Article 19. General rules on data protection.

Chapter II. Of the acts of notification and transfer of court documents.

Article 20. Scope of application

Article 21. Means of communication, notification and transfer abroad.

Article 22. Means of communication, notification and transfer in Spain.

Article 23. Date of notification or shipment.

Article 24. Defendant's failure to appear.

Article 25. Language.

Article 26. Certificate.

Article 27. Locations and judicial communications directed to foreign states.

Chapter III. Of the acts of notification and transfer of extra-judicial documents.

Article 28. Extra-judicial documents.

Chapter IV. From practice and get tests.

Article 29. Scope of application.

Article 30. Content of the request.

Article 31. A description of the test-get measures.

Article 32. Practice in Spain of the test requested by a foreign authority.

Title II. Proof of foreign law.

Article 33. Proof of foreign law.

Title III. From the information of foreign law.

Article 34. From the legal information.

Article 35. From requests for information from foreign law.

Article 36. From requests for information in Spanish law.

Title IV. From the international community and the international connection.

Chapter I. General provisions.

Article 37. Concept of pendency.

Article 38. Procedure.

Chapter II. From international litispendence

Article 39. International litispendence.

Chapter III. Of the related demands.

Article 40. Related claims.

Title V. The recognition and enforcement of judicial decisions and foreign public documents, the exequatur procedure and the registration in public records.

Chapter I. General provisions.

Article 41. Scope of application.

Article 42. Exequatur procedure.

Article 43. Definitions.

Chapter II. Of the recognition.

Article 44. Recognition.

Article 45. Foreign resolutions amenable to modification.

Article 46. Causes of denial of recognition.

Article 47. Collective actions.

Article 48. Prohibition of review of the fund.

Article 49. Partial recognition.

Chapter III. Of the execution.

Article 50. Execution.

Article 51. Execution of court transactions.

Chapter IV. Of the judicial procedure of exequatur.

Article 52. Competence.

Article 53. Free legal assistance.

Article 54. Process.

Article 55. Resources.

Chapter V. Of foreign public documents.

Article 56. Execution of foreign public documents.

Article 57. Adequacy of foreign legal institutions.

Chapter VI. From enrollment in Public Records.

Article 58. General provisions.

Article 59. Registration of foreign court decisions.

Article 60. Registration of foreign public documents.

Article 61. Adaptation.

Additional disposition first. Special rules on international legal cooperation in civil and commercial matters.

Additional provision second. Standard forms.

Additional provision third. Cost forecasting.

Single transient arrangement. Regime applicable to processing processes.

Single repeal provision. Repeal of rules.

Final disposition first. Modification of the Mortgage Act.

Final disposition second. Amendment of Law 1/2000 of 7 January of Civil Procedure.

Final disposition third. Amendment of Law 5/2012 of 6 July on mediation in civil and commercial matters.

Final disposition fourth. Amendment of Law 2/2014 of 25 March of the Action and of the State's Foreign Service.

Final disposition fifth. Competence title.

Final disposition sixth. Entry into force.

PRELIMINARY TITLE

General provisions

Article 1. Object.

1. This law regulates international legal cooperation between the Spanish and foreign authorities.

2. This law applies in civil and commercial matters regardless of the nature of the court, including civil liability arising from crime and work contracts.

Article 2. Sources.

International legal cooperation in civil and commercial matters is governed by:

(a) European Union rules and international treaties in which Spain is a party.

(b) The special rules of domestic law.

c) Subsidaily, by this law.

Article 3. General favourable principle of cooperation.

1. The Spanish authorities shall cooperate with the foreign authorities in the matters covered by this law in accordance with the provisions of the previous Article.

2. Despite not requiring reciprocity, the government may, by means of a royal decree, establish that the Spanish authorities will not cooperate with the authorities of a foreign State where there is a repeated refusal of cooperation or legal prohibition of to be provided by the authorities of that State.

3. In the interpretation and application of this law, it will be sought to ensure an internationally effective judicial protection of the legitimate rights and interests of individuals.

4. All applications for international legal cooperation shall be implemented and implemented without delay, in accordance with the principles of flexibility and coordination.

Article 4. Direct judicial communications.

The Spanish courts will be able to establish direct judicial communications, respecting in any case the legislation in force in each State. Direct judicial communications are understood to be those that take place between national and foreign courts without any intermediation. Such communications shall not affect or compromise the independence of the courts involved or the rights of defence of the parties.

TITLE I

General arrangements for international legal cooperation

CHAPTER I

General provisions

Article 5. Scope of application.

This Title applies to acts of international legal cooperation, in particular to acts of communication and the transfer of judicial and extrajudicial documents, such as notifications, subpoenas and injunctions, as well as the letters rogatory which have as their object the acts relating to the procurement and practice of evidence.

Article 6. Effects.

The acts of international legal cooperation carried out by Spanish authorities do not prejudice the determination of international jurisdiction and the recognition and enforcement in Spain of judicial decisions foreign.

Article 7. Spanish Central Authority.

The Spanish central authority on international legal cooperation in civil matters is the Ministry of Justice.

Article 8. Functions of the Spanish Central Authority.

Corresponds to the Spanish Central Authority:

(a) Verify the adequacy of the applications received under Articles 10, 11, 30 and 31 and other consistent rules of application.

(b) To provide the assistance and collaboration that the competent judicial authorities require in the field of international legal cooperation.

c) Ensure the correct handling of requests for international legal cooperation.

d) Promote the use of available internal and international cooperation networks.

e) Provide information on Spanish law where appropriate pursuant to Article 36, as well as information on foreign law, as provided for in Articles 34 and 35.

(f) Solarise as far as possible any difficulties that may arise in the fulfilment of requests for international legal cooperation.

g) Collaborate with the central authorities of other States, as well as with other Spanish and foreign authorities.

Article 9. Transmission of requests.

Applications for international legal cooperation in civil matters may be transmitted, provided that they are provided for in the legal order of both States, by any of the following routes:

a) By the consular or diplomatic way.

b) Through the respective central authorities.

c) Directly between the courts.

d) By notarial conduit, if this is compatible with the nature of the act of cooperation.

Article 10. Minimum content and requirements for requests for cooperation

1. Applications for international legal cooperation shall specify:

(a) The requesting authority and, if known, the requested authority, with an indication of all available data, in particular the postal and electronic address.

(b) The name and address of the parties and, where applicable, their procedural representatives.

(c) The name and address of the person to whom the diligence relates, and how many additional identification data are known and necessary for the application.

d) The judicial process and the subject matter, as well as a summary of the facts.

e) A detailed description of the requested diligence and the resolutions or decisions in which it is based.

f) The documents duly translated and, where appropriate, duly legalized or apostilled, as well as a detailed relationship of the same.

g) Case of being subject to the requested due diligence or being of urgent realization, the indication of the precise deadlines for compliance and a motivation of the reasons that justify the urgency.

2. The Spanish central authority shall verify that the request for cooperation brings together the content and the requirements referred to in the previous paragraph and Article 11. Where the application does not meet those requirements, it shall be returned to the requesting authority, indicating the specific reasons for the return.

Article 11. Language.

1. Applications for international legal cooperation, and their accompanying documents, which are addressed to a foreign authority, shall be accompanied by a translation into an official language of the State addressed or accepted by the State.

2. Requests for international legal cooperation addressed to the Spanish authorities, and their accompanying documents, shall be accompanied by a translation in accordance with Article 144 of the Civil Procedure Act.

Article 12. Processing.

1. Applications for international legal cooperation agreed by the Spanish authorities shall be sent by trade to the Spanish central authority which shall transmit them to the competent authorities of the requested State, either by diplomatic means or (a) consular posts, either through the central authority of that State, if they exist and do not object to its legislation. They may also be referred directly by the Spanish authorities to the competent authorities of the requested State, in accordance with Article 9, if this is provided for in their legislation.

2. Without prejudice to the possibility of direct judicial communications, requests for international legal cooperation agreed by foreign authorities shall be transmitted to the Spanish Central Authority, which shall forward them to the authorities. Spanish competent for their execution.

3. The transmission may be carried out by any means ensuring the security and confidentiality of the communications and that the documents are authentic and legible.

4. Once executed, the requests will be returned by the transmission path used to submit them.

Article 13. Execution procedure.

Applications for international legal cooperation will be executed without delay in accordance with the Spanish procedural rules. Exceptionally and at the request of the requesting foreign authority, formalities or special procedures may be accepted, if this is compatible with Spanish law and is practicable.

Article 14. Grounds for refusal.

1. The Spanish judicial authorities shall refuse applications for international legal cooperation where:

a) The object or purpose of the requested cooperation is contrary to public order.

b) The process of the application for cooperation is the exclusive competence of the Spanish jurisdiction.

(c) The content of the act to be performed does not correspond to the privileges of the requested Spanish judicial authority. Where appropriate, the latter may refer the application to the competent authority, informing the requesting authority thereof.

d) The request for international cooperation does not meet the minimum content and requirements required by this law for processing.

e) The assumption set out in Article 3 (2) is met.

2. The competent authorities shall be informed of the reasoned decision rejecting the request for cooperation.

Article 15. Execution by Spanish diplomatic and consular officials of procedural steps.

1. Proceedings brought before the Spanish judicial authority may be carried out abroad by a Spanish diplomatic or consular official, provided that they do not involve coercion, the Spanish law does not require The presence of judicial authority must be carried out in the consular district and the legislation of the receiving State shall not be opposed.

2. In these cases, the Spanish judicial authority will raise its own motion to the Spanish central authority to move the request to the Ministry of Foreign Affairs and Cooperation, which will send it to the Spanish diplomatic or consular official. in charge of its execution.

Article 16. Posting of judges, magistrates, prosecutors, judicial secretaries and officials to the service of the Administration of Justice and other personnel.

The Spanish authorities are generally entitled to move to a foreign State in order to carry out or intervene in the procedural steps to be taken in that State. These movements shall in any event be adjusted as provided for by the specific legislation.

Article 17. Technical and electronic means.

1. The use of any technical and electronic means of communication may be requested for the practice of the proceedings of international legal cooperation to be carried out in the territory of another State.

2. If, in the court of the requesting or requesting State, access to the media is not available, any agreements permitting its facilitation shall be admissible.

Article 18. Costs, costs and legal aid.

1. The costs relating to the processing and execution of applications for international legal cooperation shall be borne by the applicant authority or, where appropriate, the party to whose request it is made.

2. With regard to the procedural steps taken by the Spanish authorities, the person concerned may apply for the benefits which may correspond to him in accordance with the rules on legal aid.

Where the applicant for cooperation is exempt from the payment of the costs of the proceedings, the provision for those who enjoy the right to legal aid shall apply.

3. The Spanish Central Authority shall not be obliged to take any expenditure in respect of applications submitted under this Title or, in the case of costs arising from the participation of a lawyer, prosecutor or other professional. The Spanish central authority may request a provision of funds.

Article 19. General rules on data protection.

1. Applications for international legal cooperation shall contain only the personal data necessary for their implementation. The transmitted data cannot be used or processed for purposes not directly related to the application without the express authorisation of the requesting authority.

2. Applications for international legal cooperation submitted at the request of a Spanish court shall state that the personal data contained therein are transmitted to the only effects provided for in the application, and cannot be used or to treat for purposes not directly related or derived from that without the express authorisation of the requesting authority.

3. The judge may, on his own initiative or at the request of a party, take the necessary safeguards to protect the confidentiality of personal data.

CHAPTER II

From acts of notification and transfer of court documents

Article 20. Scope of application.

This Chapter regulates the special requirements applicable to the acts of notification and transfer of judicial documents to be sent from Spain to a foreign State or from a foreign State to Spain, without prejudice to the provisions of Article 9.

Article 21. Means of communication, notification and transfer abroad.

1. The Spanish courts may transmit requests for the notification and transfer of documents abroad:

(a) Through the Spanish Central Authority, which shall make them reach the competent authorities of the requested State by consular or diplomatic means, or through its central authority, as provided for in Article 12.1.

(b) Directly to the competent authority of the requested State as provided for in Article 12.1.

2. Provided that the legislation of the State of destination is not opposed, the Spanish authorities may carry out the communications directly to their addressees by registered post or equivalent means with acknowledgement of receipt or other guarantee which allow you to record your receipt.

Article 22. Means of communication, notification and transfer in Spain.

For the practice of the notification and transfer of judicial documents in Spain which come from a foreign authority, the routes provided for in paragraph 1 of the previous article shall be acceptable. Direct communication to the addressee by registered post or equivalent means with acknowledgement of receipt or other guarantee is also allowed to allow the receipt to be recorded.

Article 23. Date of notification or shipment.

The date of notification or transfer shall be the date on which the document has been effectively notified or moved in accordance with the national law of the requested State or the place of service.

Article 24. Defendant's failure to appear.

1. Where a statement of claim or an equivalent document has been sent to another State for notification or transfer and the defendant does not appear, the procedure shall be suspended until it is established that the document has been regularly notified. This shall not prevent the adoption of provisional and precautionary measures.

2. After six months from the date of dispatch of the document, the competent authority shall provide at the request of an interested party even if it has not been able to certify that the notification has taken place.

Article 25. Language.

1. Without prejudice to the requirements of the law of the State of destination, documents which are the subject of notification or transfer abroad shall be accompanied by a translation into the official language of the State of destination or to a language which the addressee understand.

2. If the communication comes from foreign authorities and is addressed to a recipient in Spain, the documents must be accompanied by a translation into Spanish or, where appropriate, the official language of the Autonomous Community in question, or to a language that the recipient understands in the terms set out in the previous paragraph.

Article 26. Certificate.

Performed any diligence of notification or transfer, may be requested the issuance by the requested State of a certificate concerning the fulfillment of the formalities and the way in which the diligence has been carried out, being able to use the language of the required State itself.

Article 27. Locations and judicial communications directed to foreign states.

1. The sites, citations, requirements and any other acts of judicial communication directed to foreign states will be carried out through the diplomatic channels through the Ministry of Foreign Affairs and Cooperation. verbal note and in accordance with the provisions of the Vienna Convention on Diplomatic Relations of 18 April 1961.

2. The Spanish courts shall communicate to the Ministry of Foreign Affairs and Cooperation the existence of any proceedings against a foreign State for the sole purpose of the issuing of a report in connection with the relating to immunity from jurisdiction and enforcement, from which it shall transfer the competent court by the same means.

3. In the case of civil proceedings in Spain against foreign States, the first location, which shall be carried out by the diplomatic route referred to in paragraph 1, shall be deemed to have been effected two months after the date of the due diligence or the proof of their receipt.

CHAPTER III

Of the acts of notification and transfer of extra-judicial documents

Article 28. Extra-judicial documents.

1. Documents authorised or issued by a notary, competent authority or official may be the subject of a transfer or notification in accordance with the provisions of the previous chapter which are applicable to it in the light of its special nature.

2. Extra-judicial documents may be referred to a notary, authority or public official through the central authority or directly.

3. The request shall contain at least the following information:

a) The nature, date, and identification of the document.

(b) The name and address or e-mail address of the notary, authority or official who has authorized or issued it.

(c) The notified claim and consequences, if any, of its non-compliance and if indicated, the time required for this.

CHAPTER IV

From practice and get tests

Article 29. Scope of application.

1. This chapter applies to the practice and obtaining of evidence abroad to take effect in a court proceeding in Spain, or in Spain to have an effect on a foreign process.

2. The requested test must be directly related to an already started or future process.

3. Where the practice of a test prior to the start of the foreign judicial procedure is requested in Spain, the advance practice of the test shall be required to be admissible under Spanish law.

The test in Spain that has to have effects in a foreign process must respect the guarantees provided for in Spanish legislation and be practiced in accordance with Spanish procedural law.

Article 30. Content of the request.

In addition to the one provided for in Article 10, requests for international cooperation in the procurement of evidence shall gather the following information:

a) The description of the requested evidence of evidence.

(b) The indication of whether the test is applied for in accordance with a procedure laid down in the legislation of the requesting State and the clarifications necessary for its application.

c) The indication of whether the use of communication technology is requested.

(d) The request of the interested parties, their representatives or any official of the requesting State to assist in the execution of the requested diligence.

Article 31. A description of the test-get measures.

For the purposes of the foregoing Article, the test-taking measures shall detail the following:

(a) If this is a request to make a statement to a person, the name and address of that person, the questions to be asked or the facts to be viewed; where appropriate, information on the the existence of a right not to provide a declaration under the law of the requesting State, the request to receive the declaration under oath or promise to tell the truth or, where appropriate, the formula to be used, and any other information which the requesting court considers necessary.

(b) If this is the examination of witnesses, the first and last name and all the identification and location details of the witnesses; where appropriate, the questions to be asked of the witness or statement of the facts on which the examination shall be carried out, the right to refuse to testify under the law of the requesting State, the request that the witness be examined under oath or promise or in the form of a declaration and any other information which the body Requesting court considers necessary.

c) If this is any other test, the documents or other objects to be examined. Where the display of documents or other information media is requested, they shall be reasonably identified; in addition, those facts or circumstances shall be specified which shall enable the requested documents to be held are under the control or custody of the person to whom the right to not provide documents under the legislation of the requesting State is required and specified, where appropriate.

Article 32. Practice in Spain of the test requested by a foreign authority.

1. Upon receipt of a request from a foreign authority, the test shall be carried out and, once the rogatory commission has been completed, the supporting documents shall be sent to the applicant.

2. The test shall not be carried out when any of the grounds for refusal laid down in Article 14 are met. In any event, the test shall not be carried out when the designated person justifies his refusal in an exemption or a prohibition to declare or to provide documents, established or recognised by the Spanish law or by the law of the requesting State.

3. When the test is refused, documents shall be returned to the applicant with the expression of the grounds for refusal.

TITLE II

From proof of foreign law

Article 33. Proof of foreign law.

1. Proof of the content and validity of foreign law shall be subject to the rules of the Law on Civil Procedure and other applicable provisions.

2. The Spanish courts shall determine the probative value of the test carried out in order to prove the content and validity of the foreign law in accordance with the rules of sound criticism.

3. By way of exception, in cases where the content and validity of foreign law have not been established by the parties, Spanish law may apply.

4. No report or opinion, national or international, on foreign law, shall be binding on the Spanish courts.

TITLE III

From Foreign Law Information

Article 34. From the legal information.

The information of foreign law may refer to the text, validity and content of the legislation, to its meaning and scope, to the case law, the procedural framework and the judicial organization, and to any other information relevant legal.

Article 35. From requests for information from foreign law.

1. Without prejudice to the possibility of direct judicial communications, judicial bodies, notaries and registrars, may raise requests for information of foreign law by trade to the Spanish central authority to be used in a Spanish judicial process or by a Spanish authority within the framework of its powers.

2. The request for information may contain the request for reports from authorities, expert opinions from legal experts, case-law, certified legal texts and any other that is considered relevant.

3. The central authority shall make the requests to the competent authorities of the requested State, either by the consular or diplomatic means, or through its central authority if it exists and is provided for in its law. The Spanish Central Authority shall provide, where appropriate, direct judicial communications between Spanish and foreign courts.

4. Requests for information shall specify the requesting authority with a reference to its postal or electronic address, the nature of the case, a detailed statement of the facts of the application and the specific evidence which are requested, all duly translated into the language of the requested authority. Copies of such documents may be attached to the request for information which are deemed to be essential in order to clarify their scope.

5. Where a probative element is requested which involves a cost, it shall be the same as the applicant party. In this case, provision of funds may be requested.

Article 36. From requests for information in Spanish law.

1. Without prejudice to the possibility of direct judicial communications, the foreign authorities may direct requests for information under Spanish law to the Spanish central authority for use in a foreign judicial process or by a foreign authority within the framework of its powers.

2. The request for information may contain the request for reports from authorities, expert opinions from legal experts, case-law, certified legal texts and any other that is considered relevant.

3. Requests for information shall specify the requesting authority with a reference to its postal or electronic address, the nature of the case, a detailed statement of the facts of the application and the specific evidence which are requested, all duly translated into Spanish.

4. Requests for information under Spanish law may be directly answered by the Spanish central authority or transmitted to other public or private bodies.

5. Where a probative element is requested which involves a cost, the same shall always be carried out by the requesting authority and may be requested for the provision of funds.

TITLE IV

From international lithependens and connections

CHAPTER I

General provisions

Article 37. Concept of pendency.

For the purposes of this title, a process will be considered pending from the time of the demand interposition, if it is then admitted.

Article 38. Procedure.

The international litispendence and connection exceptions will be invoked and processed as the exception of the internal litigency.

CHAPTER II

From international litispendence

Article 39. International litispendence.

1. Where there is a pending process with the same object and cause to ask, among the same parties, before the courts of a foreign State at the time a request is lodged with a Spanish court, the court Spanish court may suspend the procedure, at the request of a party and after a report by the Prosecutor's Office, provided that the following conditions are met:

(a) That the jurisdiction of the foreign court is a reasonable connection to the dispute. The existence of a reasonable connection shall be presumed where the foreign court has based its international jurisdiction on criteria equivalent to those provided for in the Spanish legislation for that particular case.

(b) It is foreseeable that the foreign court may issue a judgment which may be recognised in Spain.

(c) And that the Spanish court considers it necessary to suspend the procedure for the sake of good administration of justice.

2. The Spanish courts may agree to the continuation of the process at any time, at the request of a party and after a report by the Prosecutor's Office, when one of the following circumstances is present:

(a) That the foreign court would have declared itself incompetent, or if, required by any of the parties, it would not have ruled on its own competence.

b) That the proceedings before the court of the other State be suspended or have been dismissed.

(c) It is unlikely that the proceedings before the court of the other State will be concluded in a reasonable time.

d) That the continuation of the process for good administration of justice be considered necessary.

e) That it is understood that the final judgment that may eventually be given will not be able to be recognized and, if applicable, executed in Spain.

3. The Spanish court shall terminate the proceedings and file proceedings if the proceedings before the court of the other State have concluded with a judgment which is capable of recognition and, where appropriate, of enforcement in Spain.

CHAPTER III

From the related demands

Article 40. Related claims.

1. The effects of this Article shall be considered to be related to the claims linked to each other by such a close relationship that it would be appropriate to process them and to judge them at the same time in order to avoid irreconcilable resolutions.

2. Where proceedings are pending before the courts of a foreign State at the time when a request is brought before a Spanish court, the latter may, at the request of a party, and subject to the prior report of the Tax Ministry, suspend the process whenever the following requirements are met:

(a) That the related claims should be heard and resolved jointly to avoid the risk of irreconcilable resolutions.

(b) It is foreseeable that the court of the foreign State may dictate a decision which may be recognised in Spain.

(c) And that the Spanish court considers necessary the suspension of the process in the interest of the good administration of justice.

3. The Spanish court may continue the proceedings at any time, at the request of a party and after a report by the Prosecutor's Office, when one of the following circumstances is present:

a) That you consider that there is no longer a risk of conflicting resolutions.

b) That the foreign process be suspended or concluded.

c) That it is unlikely that the foreign process can be concluded in a reasonable time.

d) That you consider the continuation of the process necessary in the interest of good administration of justice.

TITLE V

The recognition and enforcement of judicial decisions and foreign public documents, the exequatur procedure and the registration in public records

CHAPTER I

General provisions

Article 41. Scope of application.

1. They shall be subject to recognition and enforcement in Spain in accordance with the provisions of this Title in the case of a firm foreign judgment.

2. They shall also be subject to recognition and enforcement in accordance with the provisions of this Title of final foreign resolutions adopted in the framework of a procedure of voluntary jurisdiction.

3. Foreign public documents shall be subject to execution in accordance with this law.

4. Only interim and interim measures shall be capable of recognition and enforcement, where their refusal would result in an infringement of the effective judicial protection, and provided that they had been adopted after hearing from the opposing party.

Article 42. Exequatur procedure.

1. The procedure for declaring the recognition of a foreign judicial decision as its principal title and, where applicable, to authorize its execution shall be called exequatur procedure.

2. The same procedure may be used to declare that a foreign decision is not eligible for recognition in Spain for incurring any of the grounds for refusal provided for in Article 46.

Article 43. Definitions.

For the purposes of this title:

(a) Resolution: any decision taken by a court of a State, irrespective of its name, including the decision by which the judicial secretary or similar authority liquide the process.

b) Firm resolution: the one against which there is no recourse in the State of origin.

(c) Jurisdiction: any judicial authority or any authority having powers analogous to those of the judicial authorities of a State, with jurisdiction in matters of this law.

(d) Judicial transaction: any agreement approved by a court of a State or concluded before a court of a State in the course of proceedings.

e) Public document: any document formally registered or registered with this name in a State and whose authenticity relates to the signature and content of the instrument, and has been established by an authority public or other authority to that end.

CHAPTER II

From Recognition

Article 44. Recognition.

1. Foreign resolutions that meet the requirements of the provisions of this Title shall be recognised in Spain.

2. Where the recognition of a foreign judgment is brought about in an incidental manner in a judicial proceeding, the judge who is aware of the judgment shall decide on such recognition within each judicial procedure as provisions of the procedural laws. The effectiveness of the incidental recognition shall be limited to that resolved in the main proceedings and shall not prevent the exequatur of the foreign resolution from being sought.

3. By virtue of recognition the foreign resolution may produce in Spain the same effects as in the State of origin.

4. If a decision contains a measure that is unknown in the Spanish legal order, it shall be adapted to a known measure having equivalent effects and pursuing a similar purpose and interests, although such adaptation shall have no more effect than those laid down in the law of the State of origin. Either party may challenge the adaptation of the measure.

Article 45. Foreign resolutions amenable to modification.

1. A foreign judgment may be amended by the Spanish courts provided that it has previously obtained its recognition by way of principal or incidental according to the provisions of this Title.

2. This will not prevent a new complaint from being brought in a declarative proceeding before the Spanish courts.

Article 46. Causes of denial of recognition.

1. Firm foreign court decisions will not be recognised:

a) When they were contrary to public order.

(b) Where the decision was made with manifest infringement of the rights of the defence of either party. If the judgment has been issued in absentia, it is understood that a manifest infringement of the rights of defence is found if the defendant has not been handed over to the defendant on a regular basis or with sufficient time to could be defended.

(c) Where the foreign decision has been made on a matter in respect of which the Spanish courts or tribunals are exclusively competent or, in respect of other matters, if the jurisdiction of the origin does not obey a reasonable connection. The existence of a reasonable connection with the dispute shall be presumed where the foreign court has based its international jurisdiction on criteria similar to those provided for in the Spanish legislation.

d) When the resolution is irreconcilable with a judgment given in Spain.

e) When the resolution was irreconcilable with a resolution previously issued in another State, when the latter resolution met the necessary conditions for its recognition in Spain.

f) When there was a pending dispute in Spain between the same parties and with the same object, initiated prior to the process abroad.

2. Foreign court transactions shall not be recognised when they are contrary to public order.

Article 47. Collective actions.

1. Foreign resolutions issued in proceedings arising from collective actions shall be capable of recognition and enforcement in Spain. In particular, for the purposes of its application in Spain to those affected who have not expressly acceded, it will be necessary for the foreign collective action to have been communicated or published in Spain by means equivalent to those required by the Spanish law and which those affected have had the same opportunities for participation or disengagement in the collective process as those domiciled in the State of origin.

2. In such cases, the foreign decision shall not be recognised where the jurisdiction of the court of origin would not have been based on a forum equivalent to those provided for in the Spanish legislation.

Article 48. Prohibition of review of the fund.

In no case will the foreign resolution be subject to a review as to the substance. In particular, recognition may not be refused for the fact that the foreign court has applied a different order to that which would have been governed by the rules of Spanish private international law.

Article 49. Partial recognition.

When the foreign decision has been made on several claims and cannot be recognized as a whole, recognition may be granted for one or more of the pronouncements.

CHAPTER III

From Run

Article 50. Execution.

1. Foreign judicial decisions having executive force in the State of origin shall be enforceable in Spain once the exequatur has been obtained in accordance with the provisions of this Title.

2. The enforcement procedure in Spain for foreign resolutions shall be governed by the provisions of the Civil Procedure Act, including the expiration of the executive action.

3. Partial execution of a resolution may be requested.

Article 51. Execution of court transactions.

Foreign judicial transactions that have been recognized will be executed in accordance with the provisions of the previous article.

CHAPTER IV

The Exequatur Judicial Procedure

Article 52. Competence.

1. The jurisdiction to hear applications for exequatur corresponds to the Courts of First Instance of the domicile of the party against whom the recognition or enforcement is sought, or of the person to whom the effects of the foreign judicial resolution. In the alternative, territorial jurisdiction shall be determined by the place of enforcement or by the place where the decision is to produce its effects, and the Court of First Instance before which the judgment is brought shall be competent. demand for exequatur.

2. The jurisdiction of the Courts of the Trade in the application for exequatur of foreign court decisions covering matters falling within its jurisdiction shall be determined in accordance with the criteria laid down in paragraph 1.

3. If the party against which the exequatur is called is subject to bankruptcy proceedings in Spain and the foreign decision has as its object some of the competition matters of the judge of the contest, the competence to know of the request of exequatur shall correspond to the judge of the contest and shall be substantiated by the proceedings of the insolvency incident.

4. The Spanish court will automatically control the objective competence to know these processes.

Article 53. Free legal assistance.

The parties to the exequatur process may apply for the benefits that may be provided to them under Law 1/1996 of 10 January of free legal assistance.

Article 54. Process.

1. The exequatur process, in which the parties must be represented by a lawyer and assisted by a lawyer, shall be initiated by application at the request of any person who establishes a legitimate interest. The application for exequatur and the application for enforcement may be cumulated in the same document. However, enforcement shall not be carried out until such time as the exequatur has been issued.

2. The adoption of precautionary measures may be requested, in accordance with the provisions of the Law on Civil Procedure, which ensure the effectiveness of the judicial protection that is sought.

3. The application shall be directed against that party or parties against whom the foreign judicial decision is to be enforced.

4. The application shall comply with the requirements of Article 399 of the Civil Procedure Act and shall be accompanied by:

a) The original or authentic copy of the foreign resolution, duly legalized or apostilled.

(b) The document certifying, if the decision was rendered in absentia, the delivery or notification of the placement card or the equivalent document.

(c) Any other evidence of the firmness and enforceability in the case of the foreign resolution in the State of origin, which may be stated in the resolution itself or the law applied by the court of origin.

(d) The relevant translations in accordance with Article 144 of the Civil Procedure Act.

5. The complaint and documents submitted shall be examined by the Registrar, who shall give a decree admitting the same, and shall transfer it to the defendant to oppose it within thirty days. The defendant may accompany his or her statement of opposition to the documents, inter alia, to challenge the authenticity of the foreign resolution, the correction of the placement to the defendant, the firmness and enforceability of the decision. foreign.

6. However, in the event of the failure to remedy a procedural defect or a possible cause of non-admission, in accordance with the Spanish procedural laws, the judicial secretary shall be given the right to give the court a (a) a 10-day time limit on admission in cases where it considers a lack of jurisdiction or jurisdiction or where the application for formal defects or the documentation is incomplete and has not been remedied by the actor within the period prescribed of five days granted for this by the judicial secretary.

7. If the opposition has been formalised or the time limit has elapsed without the opposition being formalised, the court shall decide by way of self-determination within the period of 10 days.

8. The Fiscal Ministry will always intervene in these processes, to which effect it will be transferred to all the actions.

Article 55. Resources.

1. An appeal in accordance with the provisions of the Civil Procedure Law can only be brought against the car of exequatur. If the contested order is an estimate, the court may suspend the execution or hold such execution to the provision of appropriate caution.

2. Against the judgment given by the Provincial Court in the second instance, the legitimated party may bring the extraordinary remedy for a procedural infringement or the appeal in accordance with the provisions of the Law of Procedure. Civil.

CHAPTER V

From foreign public documents

Article 56. Execution of foreign public documents.

1. Public documents issued or authorised by foreign authorities shall be enforceable in Spain if they are in their country of origin and are not contrary to public order.

2. For the purposes of their enforceability in Spain, they must have at least the same or equivalent effectiveness as those issued or authorised by Spanish authorities.

Article 57. Adequacy of foreign legal institutions.

Spanish notaries and civil servants, when necessary for the proper execution of public documents issued or authorized by foreign authorities, may adapt to the Spanish law (a) the legal basis for the assessment of the effects of the measures taken by the Member State of the European Union; Any interested party may challenge the adequacy made directly before a court.

CHAPTER VI

Enrollment in Public Records

Article 58. General provisions.

The registration procedure, the legal requirements and the effects of the registered seats will be subject, in any case, to the rules of Spanish law.

Article 59. Registration of foreign court decisions.

1. No special procedure will be required for the registration in the Spanish Registers of Property, Commercial and Furniture of foreign judicial decisions that do not admit recourse according to their legislation, be it final decisions or decisions of final voluntary jurisdiction. If they are not firm or final, they may only be the subject of preventive entry.

2. For the purposes of the registration of the foreign judicial decisions referred to in the preceding paragraph, prior to the qualification of the title, the registrar shall verify the regularity and the formal authenticity of the documents (a) the reasons for refusal of recognition provided for in Chapter II of this Title must be notified; the decision must be notified by mail, telegram or any other technical means to enable the receipt to be recorded; of its date and the contents of the statement to the present and to the party to which it is intended to enforce the foreign resolution, at the address of the Registry or in the resolution submitted, who within twenty days may object to such a decision.

Where the notification has not been possible in the addresses indicated and, in any event, when the registrar takes a decision contrary to the incidental recognition, the requested registration and the registration shall be suspended Registrar shall forward to the parties the judge who is to understand the procedure for the recognition of the main title of this title; at the request of the applicant, the requested seat may be suspended.

3. The possibility for the person concerned to make use of the exequatur process provided for in this Title is always safe.

Article 60. Registration of foreign public documents.

Extrajudicial foreign public documents may be entered in Spanish public records if they comply with the requirements laid down in the applicable specific legislation and provided that the foreign authority has involved in the preparation of the document by developing functions equivalent to those carried out by the Spanish authorities in the field concerned and with the same or more forthcoming effects in the country of origin.

Article 61. Adaptation.

1. Where the decision or the foreign public document orders measures or incorporates rights that are unknown in Spanish law, the registrar shall, as far as possible, adapt to a measure or right provided for or known in the (a) a Spanish legal order having equivalent effects and pursuing a similar purpose and interests, although such an adaptation will have no more effect than those laid down in the law of the State of origin. Before registration, the registrar shall inform the holder of the right or measure of the adaptation to be made.

2. Any interested party may challenge the adaptation directly to a court.

Additional disposition first. Special rules on international legal cooperation in civil and commercial matters.

For the purposes of Article 2 of this Law, they have the consideration of special rules on international legal cooperation in civil and commercial matters, among others, the following:

(a) Articles 199 to 230 of Law 22/2003, of July 9, Bankruptcy.

(b) Articles 25 to 31 of Law 54/2007 of 28 December of International Adoption.

(c) Articles 94 to 100 of Law 20/2011 of 21 July of the Civil Registry.

(d) Article 67 (1) of the recast text of the General Law for the Defence of Consumers and Users and other complementary rules, adopted by Royal Decree-Law 1/2007 of 16 November.

e) Article 46 of Law 60/2003, of December 23, of Arbitration.

(f) The rules of the Mortgage Law and Regulation, as well as of the Commercial Code and of Royal Decree 1784/1996, of July 19, for which the Regulation of the Commercial Registry is approved, regulating the registration of documents foreigners as soon as they are compatible with the provisions of this law.

g) The rules of private international law contained in the Law of Voluntary Jurisdiction.

Additional provision second. Standard forms.

By means of the Order of the Minister of Justice, all types of standard forms may be established to facilitate the application of this law and the completion of applications for international legal cooperation and Rogatory commissions.

Additional provision third. Cost forecasting.

The measures included in this rule may not result in an increase in appropriations or remuneration or other personnel costs.

Single transient arrangement. Regime applicable to processing processes.

1. This law shall apply to requests for international legal cooperation received by the Spanish authorities after their entry into force.

2. Title IV shall apply to claims filed with the Spanish courts after the entry into force of the law.

3. Title V shall apply to the claims of exequatur which are filed with the Spanish courts after the entry into force of the law, irrespective of the date on which the foreign judgment was issued.

Single repeal provision. Repeal of rules.

1. Articles 951 to 958 of the Law on Civil Procedure, adopted by Royal Decree of 3 February 1881, are hereby repealed.

2. The provisions of this Law shall be repealed as many provisions.

Final disposition first. Modification of the Mortgage Act.

The first paragraph of Article 14 of the Mortgage Act shall be worded as follows:

" The title of the hereditary succession, for the purposes of the Register, is the will, the succession contract, the act of notoriety for the declaration of heirs abinterment and the administrative declaration of the heir abhinterto the State's favour, as well as, where appropriate, the European certificate of succession referred to in Chapter VI of Regulation (EU) No 650/2012. '

Final disposition second. Amendment of Law 1/2000 of 7 January of Civil Procedure.

The current twenty-fifth-to-seventh-seventh final provisions pass to be 20th, 20th, and 20th, respectively, and a new 20th final disposition and a new disposition are introduced. Twenty-sixth final with the following wording:

" Twenty-fifth final disposition. Measures to facilitate the implementation in Spain of Regulation (EU) No 1215/2012 of the Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and civil matters mercantile.

1. Rules on the recognition of decisions of a Member State of the European Union under Regulation (EU) No 1215/2012.

1. The resolutions falling within the scope of Regulation (EU) No 1215/2012 and issued in a Member State of the European Union shall be recognised in Spain without the need for recourse to any procedure.

2. If the refusal of recognition is invoked as an incidental matter before a judicial body, that body shall have jurisdiction to hear it, in accordance with the procedure laid down in Articles 388 et seq. of this law, the effectiveness of such recognition being limited to what is resolved in the main process of which the incident brings cause, and without it being able to prevent in separate process being resolved in main way on the recognition of the resolution.

3. The party wishing to invoke in Spain a judgment given in another Member State shall submit the documents provided for in Article 37 of Regulation (EU) No 1215/2012, which may be referred to by the court or the authority to the which is invoked to request the translations or transcripts provided for in paragraph 2 of that Article.

4. The court or the authority to which a judgment is invoked in another Member State may suspend the procedure for the reasons set out in Article 38 of Regulation (EU) No 1215/2012.

5. At the request of any interested party the recognition of the decision shall be refused for any of the reasons set out in Article 45 of Regulation (EU) No 1215/2012 and in accordance with the procedure provided for in paragraph 4 of this Article. this final arrangement. The Court of First Instance shall have jurisdiction in accordance with Articles 50 and 51 of this Law.

6. The same procedure as provided for in paragraph 4 of this provision shall be followed where the interested party requests that the foreign decision be declared not to incur the grounds for refusal of recognition. referred to in Article 45 of the Regulation. The Court of First Instance shall have jurisdiction in accordance with Articles 50 and 51 of this Law.

2. Rules on the enforcement of decisions with the executive force of a Member State of the European Union under Regulation (EU) No 1215/2012.

1. Judgments given in a Member State which have an executive force in the Member State shall also be enforceable in Spain without the need for a declaration of enforceability and shall be executed under the same conditions as if have been issued in Spain in accordance with Articles 39 to 44 of Regulation (EU) No 1215/2012 and in this provision.

However, and without prejudice to the provisions of Article 2.a), second paragraph of Regulation (EU) No 1215/2012, if it were a resolution ordering a provisional or precautionary measure, it shall only be implemented in Spain if the court which has issued it has certified that it has jurisdiction as to the substance of the case.

2. For the purposes of implementing a resolution with an executive force, the applicant shall provide the documents prevented in Article 42.1 of Regulation (EU) No 1215/2012 or those provided for in Article 42.2 of the same Regulation. in the case of a decision ordering a provisional or precautionary measure, and, if required by the competent judicial body, the translation of the certificate prevented in accordance with Article 42.3 of that Regulation. The applicant may only be required to submit a translation of the decision if the proceedings cannot be continued without it.

3. The enforcement of decisions with the executive force of a Member State shall be carried out in Spain in any event in accordance with the provisions of this law.

4. Any resolution with the executive force of a Member State shall entail the right to apply the precautionary measures provided for in this law, in accordance with the procedure laid down therein.

3. Non-accreditation of the notification of the certificate and translation of the foreign resolution.

1. For the purposes of applying Article 43.1 of Regulation (EU) No 1215/2012, before adopting the first implementing measure, where the performer fails to prove that the certificate provided for by the certificate has already been notified. Article 53 and the foreign resolution to the person against which the execution is being called, shall be notified to this one or another, or in his case both, together with the order that the execution is issued.

2. For the purposes of the application of Article 43.2 of Regulation (EU) No 1215/2012, the person against whom the execution is being established shall have a period of five days to request the translation of the foreign resolution, count from the notification of the dispatch of the execution, if it has not been previously notified to it and a translation of that resolution has not been attached to the application.

3. As long as the translation is not delivered, the time limit provided for in Article 556.1 of this law is suspended to oppose the execution, as well as the time limit for the reply provided for in the following paragraph. The judge shall terminate the execution if, within one month, the performer does not provide such a translation.

4. This paragraph shall not apply to the enforcement of precautionary measures of a resolution or where the person who calls for enforcement applies for precautionary measures in accordance with Rule 4 (2) of this provision.

4. Rules on the refusal of enforcement of decisions with the executive force of a Member State of the European Union under Regulation (EU) No 1215/2012.

Without prejudice to the grounds of opposition to the execution provided for in this law, at the request of the person against whom it has been urged, the execution of a resolution with executive force shall be refused for the concurrence of one or more several of the grounds for refusal of recognition as referred to in Article 45 of Regulation (EU) No 1215/2012, by means of verbal judgment, with the following specialties:

1. The Competition shall be the responsibility of the Court of First Instance which is aware of the execution.

2. The application must be filed in accordance with Article 437 of this law, where appropriate within ten days from the date of notification to the defendant of the dispatch of the execution, accompanied by the documents referred to in Article 47.3 of Regulation (EU) No 1215/2012 and any other supporting evidence of their claim and, where appropriate, shall contain the proposal of the means of proof of which the actor is interested.

3. The actor may apply for the measures provided for in Article 44.1 of Regulation (EU) No 1215/2012. At the same request of the actor, the suspension of the procedure shall be adopted without further delay in the case of Article 44.2 of the same Regulation.

4. The judicial secretary will transfer the complaint to the defendant, to answer within 10 days. In the defence, accompanied by the supporting documents of his opposition, he must propose all the means of proof that he intends to avail himself. Of this writing, and of accompanying documents, the actor shall be transferred.

5. In response to the request or after the corresponding period, the judicial secretary shall cite the parties in the hearing, if they so request in their pleadings of demand and defence. If, in his pleadings, they have not requested the holding of sight, or where the only proof proposed is that of documents, and those documents have already been brought to the proceedings without being challenged, or in the case of the expert reports, the ratification, the judge will resolve by order, without further processing.

6. Against such an order is an appeal. Against the judgment given in the second instance, it will, where appropriate, be an extraordinary remedy for procedural infringement and an appeal in the terms laid down by that law. The judicial body which is aware of any of these resources may suspend the proceedings if an ordinary appeal has been lodged against the decision in the Member State of origin or if the time limit for bringing it up has not expired, Article 51 of Regulation (EU) No 1215/2012. For these purposes, where the decision has been made in Ireland, Cyprus or the United Kingdom, any appeal provided in one of these home Member States shall be considered as an ordinary appeal.

5. Issue of the certificate.

1. For the purposes of applying Article 53 of Regulation (EU) No 1215/2012, the issue of the certificate provided for in that provision may be requested by means of another in demand for the issue of the certificate. simultaneous to the judgment. In any case, the issue shall be made separately and by means of providence, using the model form referred to in that Article.

In the case of judicial transactions, certification shall be issued in the same manner for the purposes of Article 60 of Regulation (EU) No 1215/2012, using the model form provided for in that Regulation.

2. In the case of public documents having an executive force, the model of the form referred to in Article 60 of Regulation (EU) No 1215/2012 shall be issued by the notary authorising officer, or who legally replaces or succeeds him. in the protocol. It shall be recorded on the basis of a note in the matrix or policy where the original of the certificate shall be incorporated as the original of the certificate.

6. Adaptation.

For the purposes of applying Article 54 of Regulation (EU) No 1215/2012, the authority that resolves the recognition or enforcement of a foreign resolution shall proceed to its adaptation in accordance with the terms laid down in Article 54 of Regulation (EU) No 1215/2012. Article 5 (5) Against the decision on the adaptation of the foreign measure or order, the resources provided by the procedural law shall be based on the type of resolution and the procedure in question.

7. Executive force of public documents.

1. Public documents which have an executive force in the Member State of origin shall also enjoy the same in Spain without the need for a declaration of enforceability; their execution may be refused only if it is manifestly contrary to public order. The public document submitted must meet the requirements to be considered authentic in the Member State of origin.

2. The person against whom enforcement has been urged may request the refusal of enforcement in accordance with the procedure provided for in paragraph 4 of this provision.

3. The execution of public documents issued in a Member State shall be carried out in Spain, in any case, in accordance with the provisions of this law, applying the rules of this provision.

8. Executive force of court transactions.

Judicial transactions that have an executive force in the Member State of origin will be executed in Spain under the same conditions as for public documents in the previous paragraph. "

Final disposition twenty-sixth. Measures to facilitate the application in Spain of Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, the applicable law, the recognition and enforcement of judgments, acceptance and implementation of public documents in the field of "mortis causa" succession and the creation of a European certificate of succession.

1. Rules for the enforcement and recognition of decisions of a Member State of the European Union under Regulation (EU) No 650/2012.

1. Any interested party may request the declaration of the executive force in Spain of a decision falling within the scope of Regulation (EU) No 650/2012 and given in a Member State of the European Union it has in this executive force, in accordance with the procedure laid down in paragraphs 2 to 7 of this provision.

2. Decisions given in a Member State of the European Union shall be recognised in Spain without the need for any procedure. However, in the event of opposition, any interested party which invokes the recognition as a principal of such a decision may, by the same procedure provided for in paragraph 1, request that such a decision be recognised.

If the refusal of recognition is invoked as an incidental matter before a judicial body, that body shall have jurisdiction to hear it, in accordance with the procedure laid down in Articles 388 and This law is limited to the effectiveness of that recognition to what has been resolved in the main process of the incident, and without it being possible to prevent the main resolution of the recognition of the resolution.

In any event, the court or tribunal to which recognition has been sought may suspend proceedings if such a decision is the subject of an ordinary appeal in the Member State of origin.

2. Competence.

The jurisdiction of the executive force procedure shall be the responsibility of the Courts of First Instance of the domicile of the party against whom the recognition or enforcement is sought, or of the place of execution in the resolution must produce its effects.

3. Free legal assistance.

1. The free legal assistance in this procedure will be in accordance with the general rules applicable in Spain.

2. Without prejudice to the foregoing paragraph, the applicant who in the Member State of origin has wholly or partially obtained the benefit of free justice or an exemption from costs and expenses shall enjoy in that Member State the procedure for the most favourable legal aid or the widest possible exemption in accordance with the general rules applicable in Spain.

4. Procedure for the declaration of enforceability of a resolution.

1. The application for a declaration of enforceability shall be filed by application which shall comply with the requirements of Article 437 of this Law and shall be accompanied by the following documents:

a) An authentic copy of the resolution.

(b) The certification provided for in Article 46.3.b) of Regulation (EU) No 650/2012.

2. If the certification provided for in the previous paragraph is not presented, the court may set a time limit for its submission, accept an equivalent document or dispense with it if it considers that it has sufficient information.

The court may also request a translation of documents by a qualified person to carry out translations in one of the Member States.

3. The applicant shall not be required to have a postal address in Spain or to act as a lawyer or lawyer.

4. The applicant may urge the adoption of provisional or precautionary measures in accordance with the provisions of this law. The declaration of enforceability shall include the authorisation to take any precautionary measures.

5. Fulfilled the formalities provided for in Rules 1 and 2. The judge by order shall immediately declare the executive force of the judgment, without giving the party to the party against whom the request is made. declaration and without proceeding to the examination of the grounds for refusal of recognition provided for in Article 40 of Regulation (EU) No 650/2012.

If the resolution object of the declaration contains several pretensions and cannot be declared the executive force of all of them, the order shall declare the executive force of those who proceed.

6. The notification to the party against whom the declaration has been requested shall be accompanied by the documents referred to in Rules 1 and

.

5. Remedies against the resolution on the application for a declaration of enforceability.

1. The resolution on the application for a declaration of enforceability may be appealed by either party within thirty calendar days. If the party against whom the declaration was requested is domiciled outside Spain, it shall have a period of 60 calendar days to bring the action; this period shall not allow for an extension by reason of the distance to Spain from its domicile.

The competence to know the resource will be up to the Provincial Audience.

2. During the period of the appeal against the declaration of enforceability and until it is resolved on the same, only precautionary measures may be taken on the assets of the party against which the execution.

3. Against the judgment given in the second instance, it will, where appropriate, be an extraordinary remedy for a procedural infringement and an appeal in the terms provided for by this law.

6. Proceedings of the appeal against the decision on the application for a declaration of enforceability.

The appeal provided for in Rule 1 (1) above shall be substantiated by the channels of the appeal, including rules on procedural representation and technical defence, with the following specialties:

(a) Without prejudice to the allegation of infringement of procedural rules or guarantees in the first instance, the appeal may only be based on one or more of the grounds provided for in Article 40 of the Regulation (EU) No 650/2012; the appellant shall accompany the document of interposition with the supporting documents of his claim which he considers necessary and, where appropriate, shall contain the proposal of the means of proof whose practice is of interest.

(b) The Registrar shall transfer the document of appeal and the accompanying documents to the other parties, giving them for 20 calendar days to submit the letters of objection or objection to which they are attach the supporting documents which they consider necessary and, where appropriate, shall contain the proposal of the means of proof for which they are of interest.

(c) In the event of an appearance by the party against whom the declaration of enforceability is requested, if his habitual residence is outside Spain, the provisions of Article 16 of the Regulation (EU) shall apply. n. º 650/2012.

7. Suspension of resources.

The court before which any of the resources provided for in paragraph 5 shall be brought shall suspend the proceedings, at the request of the party against whom the declaration of enforceability is sought, if such an executive force has been suspended in the Member State of origin for an appeal.

8. Executive force of public documents.

Public documents which have an executive force in the Member State of origin shall be declared, at the request of any interested party, with executive force in Spain in accordance with the procedure laid down in paragraphs 2 to 7 of this final provision, the certification provided for in paragraph 4.1. (b) being submitted in accordance with the provisions of Article 60.2 of Regulation (EU) No 650/2012.

The court before which any of the resources provided for in paragraph 16 of this provision interposed shall only dismiss or revoke the declaration of enforceability of a public document when it was manifestly contrary to public order.

9. Executive force of court transactions.

Judicial transactions that have an executive force in the home Member State shall be declared, at the request of any interested party, with executive force in Spain in accordance with the procedure (b) in accordance with Article 61.2 of Regulation (EU) No 650/2012

the certification referred to in paragraph 4.1 (b) shall be submitted in accordance with paragraphs 2 to 7 of this final provision.

The court before which any of the remedies provided for in paragraph 5 are brought will only dismiss or revoke the declaration of enforceability of a court settlement where the court itself is manifestly contrary to it. to public order.

10. Issue of the certification of a resolution, public document or court transaction for the purposes of its executive force in another Member State.

1. For the purposes of applying Article 46.3 of the Regulation, the issuing of the certificate provided for in that provision shall be the responsibility of the court which has issued the judgment and shall be made separately by means of providence, using the form model provided for in that article.

The same shall be done for the purposes of applying Article 61 of the Regulation, in the case of a court settlement, using the form model provided for in that Article for the issue of certification.

2. In the case of public documents, the certification referred to in Article 60 of the Regulation shall be issued by the notary authoritaire, or who legally replaces or succeeds in the protocol, using the model of form provided for in that Article. This issue shall be recorded by note in the matrix, in which the original of the certificate shall be incorporated as the original of the certificate. If the incorporation into the matrix is not possible, the subsequent minutes to which it must be incorporated shall be related by note.

11. Issue by judicial body of the European Certificate of Succession.

1. The issue by a judicial body of a European certificate of succession shall be adopted separately and by providence in the form provided for in Article 67 of Regulation (EU) No 650/2012, upon request which may be submitted by means of the form provided for in Article 65.2 of the same Regulation.

2. The jurisdiction to issue a European certificate of succession shall be the responsibility of the same court that substantiates or has substantiated the succession. The certificate of succession shall be delivered to the applicant.

3. Any person entitled to apply for a certificate may make use of the decisions taken by the relevant court.

12. Rectification, modification or cancellation of the European certificate of succession issued by a judicial body.

1. The procedure for the rectification of a European certificate of succession, as provided for in Article 71.1 of Regulation (EU) No 650/2012, shall be settled in the manner provided for in Article 267 (1) to (4) of Regulation (EU) No 650/2012. The Organic Law 6/1985, of July 1, of the Judiciary.

2. The procedure for the modification or cancellation of the issuance of a European certificate of succession referred to in Article 71.1 of Regulation (EU) No 650/2012 shall be processed and shall, in a single instance, be resolved with the provision for the replenishment resource regulated in this law.

3. In any event, in accordance with Article 71.3 of Regulation (EU) No 650/2012, the court shall without delay communicate to all persons to whom authentic copies of the certificate have been given pursuant to Article 70.1 thereof. Regulation, any rectification, modification or cancellation of the same.

13. Refusal by a judicial body to issue the European Certificate of Succession.

The refusal to issue a European certificate of succession shall be adopted separately by order and may be challenged, in a single instance, by the procedures for the replacement.

14. Issue by notary of the European Certificate of Succession.

1. On request, it is up to the notary to declare the succession or any of its elements or to those who legally replace or succeed in its protocol, the issue of the certificate provided for in Article 62 of the Regulation (EU) No 650/2012, the form referred to in Article 67 of the same Regulation shall be used for this purpose. The application for the issue of a certificate of succession may be submitted by means of the form provided for in Article 65.2 of the same Regulation.

2. From that issue of the European Certificate of Succession, which shall have the status of a public document in accordance with Article 17 of the Notary Law of 28 May 1862, shall be recorded by note in the matrix of the writing to the act or business, to which the original of the certificate will be incorporated, giving authentic copy to the applicant.

If incorporation into the matrix is not possible, then the subsequent minutes to which the original of the certificate must be incorporated will be related by note.

15. Rectification, modification or cancellation of the European certificate of succession issued by notary.

1. Corresponding to the notary in whose protocol the certificate is found, the rectification of the European certificate of succession in case of a material error, as well as the modification or cancellation provided for in Article 71.1 of the Regulation (EU) No 650/2012.

2. In any event, in accordance with Article 71.3 of Regulation (EU) No 650/2012, the notary shall communicate without delay to all persons to whom authentic copies of the certificate have been given pursuant to Article 70.1, any rectification, modification or cancellation of the same.

16. Resource.

1. The decisions taken by a notary concerning a European certificate of succession may be challenged by the person having legitimate interest under Articles 63.1 and 65 of Regulation (EU) No 650/2012.

2. The refusal of a notary to rectify, modify, cancel or issue a European certificate of succession may be appealed by the person having a legitimate interest under Articles 71 and 73 (1) (a) of the Regulation (EU) n. º 650/2012.

3. The appeal, in a single instance, against the decisions referred to in Rules 1 and 2. The second paragraph shall be brought directly before the Judge of First Instance of the place of official residence of the notary, and shall be will be substantiated by the oral proceedings.

17. Effects of the resource.

1. If, as a result of the action referred to in the previous paragraph, it is established that the European certificate of succession issued does not comply with the reality, the competent judicial body shall order the notary to issue it. rectify, modify, or cancel according to the judicial resolution relapse.

2. If, as a result of the appeal, the refusal to issue the European Certificate of Succession was unjustified, the competent judicial body shall issue the certificate or ensure that the notary examine the case and make a new decision in accordance with the judicial resolution relapse.

3. In any case, it must be stated in the matrix of the deed that substantiates the act or business and in the record of the protocol of the protocolization of the issued European succession certificate, note of the rectification, modification or cancellation carried out, as well as the interposition of the appeal and the judicial decision to relapse in it. "

Final disposition third. Amendment of Law 5/2012 of 6 July on mediation in civil and commercial matters.

Article 27 of Law 5/2012, of July 6, of mediation in civil and commercial matters, is worded as follows:

" Article 27. Implementation of cross-border mediation agreements.

1. Without prejudice to the provisions of the European Union legislation and the international conventions in force in Spain, the recognition and enforcement of a mediation agreement shall take place in the form provided for in the Law on Legal Cooperation. international in civil matters.

2. A mediation agreement that has not been declared enforceable by a foreign authority may only be executed in Spain upon elevation to public deed by a Spanish notary at the request of the parties, or of one of them with the consent of the express of the others.

3. The foreign document may not be executed if it is contrary to the Spanish public order. "

Final disposition fourth. Amendment of Law 2/2014 of 25 March of the Action and of the State's Foreign Service.

The additional tenth provision of Law 2/2014, of 25 March, of the Action and of the State's Foreign Service, is worded as follows:

" Additional Disposition 10th 6th. Official translations and interpretations.

The requirements will be determined for translations and interpretations of a foreign language into Spanish and vice versa. In any event, they shall be certified by the Office for the Interpretation of Languages of the Ministry of Foreign Affairs and Cooperation, as well as those made by those who are in possession of the title of translator-interpreter which grants the Ministry of Foreign Affairs and Cooperation. The requirements for the granting of this title, as well as the other elements that make up its legal system, will be developed regulatively. The translator-interpreter will certify with his signature and seal the fidelity and accuracy of translation and interpretation.

They will also be official:

(a) Those made or assumed by a diplomatic representation or consular post of Spain abroad, provided that they relate to a foreign public document that is incorporated into a file or procedure initiated or presented to that administrative unit and to be resolved by the Spanish Administration.

(b) Those made by a diplomatic representation or consular post of foreign career in Spain, provided that they relate to the text of a law of their country or to a public document of their country.

The official character of a translation or interpretation implies that it may be brought before judicial and administrative bodies in terms that are determined to be regulated.

Translation and interpretation by a sworn translator or a diplomatic representation or consular post may be reviewed by the Language Interpretation Office of the Ministry of Foreign Affairs and Cooperation at the request of the holder of the administrative, judicial, registry or competent authority to whom it is presented. "

Final disposition fifth. Competence title.

This law is dictated by the jurisdiction that, in matters of procedural law, corresponds to the State under Article 149.1.6. of the Spanish Constitution.

Chapter VI of Title V is issued under the jurisdiction of the State in accordance with Article 149.1.8. of the Spanish Constitution on the management of public registers and instruments, in which it is refers to the Land Registry and the Register of Furniture, and under the jurisdiction that corresponds to the State in accordance with Article 149.1.6. of the Spanish Constitution in the field of commercial law, as far as the Registry is concerned Mercantile.

The first final provision is made under the exclusive competence of the State in the field of the management of public records and instruments, as set out in Article 149.1.8. of the Constitution.

The third final provision is made under the exclusive jurisdiction of the State in matters of commercial, procedural and civil law, as set out in Article 149.1.6. and 8. of the Constitution.

Final disposition sixth. Entry into force.

This law will enter into force on the twentieth day of its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 30 July 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY