The General Council of the Spanish Judiciary Approves the Report On the Preliminary Draft of a Bill Modifying Civil Registry Regulations

30 April 2010

On February 25, 2010, the plenary session of the General Council of the Spanish Judiciary approved the mandatory report on the preliminary draft of the Ministry of Justice’s Civil Registry Act which, for international private law matters, introduces the possibility of registering foreign judgments subject to an ancillary admission procedure before the official in charge of the Civil Registry- an alternative to exequatur- and a series of requirements.

Pending exequatur, the interested party can request the registration of a foreign judgement under the terms of Article 40.2.5º of the preliminary draft, which have been extended, under Article 101.1, to allow the filing of an entry of foreign rulings and other judicial decisions which are not yet final.

Foreign non-judicial public documents and foreign register entry certificates can also be recorded as long as they meet a series of requirements which are practically the same in both cases.

As regards the obligation of the registry officials to know and apply foreign law, it is established that the failure to accredit the contents and validity of the foreign order is sufficient grounds for denial of recording. However, the interested party is now able to obtain said accreditation through a statement or report from a Spanish notary or consul; or diplomat, consul or competent authority in the country where the legislation applies.

There are no changes as regards the translation and legalization of foreign documents.
 

For more information please contact Ana Lizano: alizano@mmmm.es