Exequatur

Exequatur

The exequatur procedure is intended to standardize a judgment in a foreign country and to deploy all its purposes in Spain. This procedure makes the competent judge grant this foreign judgment recognition in Spain, so this resolution is passed by another judge and extends its effects.

Exequatur procedure These effects can be:

  •  Registry effect. The recognition of the judgment approved by exequatur procedure involves the resolution to be registered in the appropriate registry. For example, if you have divorced abroad and you want to marry again in Spain, is the exequatur procedure to register the divorce Civil Registry so you can enter new marriage with another person.
  •   Effect of res judicata. This effect prevents the courts from judging again a subject that has been already resolved by a judge abroad. This effect is important to avoid two different resolutions issued on the same conflict, avoiding the legal uncertainty that would mean two different sentences. It is important to understand that the exequatur procedure will not change the foreign resolution but will only ratify it to have efficacy in Spain.
  • Constitutive effect. The foreign decision will have legal effects in front third parties throughout Spain once it has been registered accordingly.

Not all foreign judgments require an exequatur procedure to be approved, to know if this procedure is necessary one must know from where comes the judgment that wants to be approved because there are certain conventions and regulations with certain states that does not require an exequatur procedure.

COCA ADVOCATS provides to those interested in exequatur proceedings a full team of professionals specialized in judicial approval in Spain of resolutions given in other states.

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