1. Derecho Procesal

Procedural Law (Derecho Procesal)

• Spanish Civil Procedure is governed by the LEC.
• UK civil procedure is governed by the "CPR" or "Civil Procedural Rules".
• US civil procedure is governed by the "Federal Rules of Civil Procedure".

General Terminology of the Judicial System

• Object of the Civil Procedure: What is the subject matter of the proceedings? This includes classifying claims as declaratory, executive, or precautionary. What relief is sought?
• Litigation/Dispute: The legal conflict between parties.
• Competence/Incompetence of the Courts: The court's jurisdiction examined. Jurisdiction may be determined by the subject matter, the stage of the proceedings, or geography/location.

Specific Cases for Individuals

• Article 50 (General Rules for Individuals):
  • The competent court for a case is generally the court of the defendant's domicile, or, if no domicile is in the country, the place of residence.
  • Defendants without a domicile or residence in Spain can be sued in a suitable place in the country.
• Article 51 Business Entities/Entities Without Legal Personality:
  • Usually sued at the business's location.
  • There may also be suit cases where the business has a location open to the public, or a designated representative.

Express and Tacit Submission

• Article 55 Express Submission: Parties specifically choosing the court.
• Article 56 Tacit Submission: Situations understood as choosing a court. Example: bringing a claim, or not filing a declinatory.

Key Terms

• Fuero: (Forum) A legal term related to jurisdiction.
• Domicilio Social/Corporate Address: Location for legal entities.
• Legal Entity: Non-personal (corporate) entity
• Court Representative/Procurator: Appointed legal representative in Spanish courts.
• Place of Activity: Location of actual work for a business.
• Declinatoria: Motion objecting to a court's jurisdiction.
• Incompetence: A judge or court that lacks jurisdiction.
• Parties in Civil Proceedings: Plaintiff/Claimant and Defendant/Respondent.
• Litigant: Person involved in litigation.
• Legal Counsel/Lawyer: Lawyers representing the parties.
• Court Representative/Procurador: Legal representatives in Spanish law.
• Capacity (Capacidad): Legitimate standing to participate.
• Standing/Legitimation: Legal right to be a party to the process.

Joinder/Co-Parties

• A case with multiple parties may have joint litigants based on the claim.
  • Litigants' claims could be active or passive (plaintiff/defendant).

Reconciliation Acts

• Acts of reconciliation resolve conflict between parties before formal action.
• "Settlement" in English is equivalent.
• Aim is to avoid trial if a compromise/agreement is reached.
• Usually starts with submitting/filing a form for a settlement hearing.

The Claim (La Demanda)

• Claim (or lawsuit).
• Action steps begin by making the claim.
• Structure of a claim:
  • Heading
  • Facts and legal arguments
  • Specific asks/pleadings
  • Date and signature
• Documents for a claim
  • Power of representation
  • Value of dispute information/appraisal
  • Documentation relating to the legal merits of the case

Presentation and Admission/Dismissal of the Claim

• Presenting and getting a claim accepted.
• Reasons to likely be rejected.
• Transfers of action paper (process)
• Summons process to defendant/respondent.

Default (Rebeldía)

• Failing to appear in court (non appearance).
• Failing to answer/defend.
• Declarations of being in default when required.
• Defendant in default.

Answer to the Claim (Contestación)

• Deadline for answering the claim.
• Consent to claim.
• Denial of the allegations.
• Suspension of the legal proceedings.

Procedural Defenses (Excepciones Procesales)

• Defending actions in court.
• Challenging/Raising defenses regarding form or material issues.
• Specific defenses, potentially based on material, lack of capacity, lack of jurisdiction, or power of a representative.

Dismissal Defenses (Excepciones Procesales)

• Defenses raised against the claim.
• Examples: insufficiency/illegality of authority from a representative, lack of standing, lapse of time, issues dealing with what has already been decided.

Pre-Trial Hearing (Audiencia Previa)

• Formal hearing before a full trial.
• Potentially resolves conflict early.
• Ways to end proceedings without a trial, like an agreement from the parties or inability of parties to appear.

Provisional Remedies (Medidas Cautelares)

• Temporary measures to protect rights/interests.
• Precautionary (Interim or Injunctive Relief).
• Aims to prevent a delay in proceedings.
• Potential cases requiring bonds/deposits

Provisional Remedy Cases (Medidas Cautelares)

• Risks of irremediable injury, loss to the claiment, difficulty in getting resolution.
• Appear to be on substance of the case; strong prima facie cases.
• Providing security for damage from precautionary measures to the defendant.

Types of Provisional Remedies

• Asset freezing/seizure of assets.
• Judicial action for managing business assets.
• Depositing money with the court.
• Asset inventory/record keeping.
• Order limiting actions.
• Temporary halt of company operations

Evidentiary Procedure (El procedimiento probatorio)

• Gathering evidence.
• Presentation of evidence to a court.
• Oral and written evidence.
• Expert testimony.
• Legal recognition of the evidence.
• Reproduction of voice, sound, pictures.

Other ways to conclude a case (Otras formas de terminacion del proceso)

• Withdrawn if parties agree.
• If party declines to pursue the suit.
• If suit is not pursued in time.
• Agreement(settlement)

Judgement (La Sentencia)

• Final judicial decision on the case.
• Resolves the conflict between parties.
• May be a simple dismissal or ruling on the merits.

Judgement Types (La Sentencia)

• Types of Judgments based on nature of case, if claim is resolved, or on whether the merits of the case are reviewed.
• Final appeals judgments.
• Judgments that have become final and unappealable