Spain doesn’t fairly have the identical suing tradition that there’s in the USA for instance, however lawsuits do exist.
A lawsuit, often called a demanda, pleito or litigio in Spain, is a means of settling disputes in court docket with out involving the police.
Definition
So, what’s a lawsuit? It’s a time period you hear loads however may not really know what it means.
To take the dictionary definition, a lawsuit is: “an issue taken to a regulation court docket by an extraordinary particular person or an organisation slightly than the police in an effort to receive a authorized determination.”
It’s, in different phrases, the settlement of a “disagreement between individuals or organisations that is delivered to a court docket of regulation.”
Lawsuits are often filed when, because of the dispute, the aggrieved social gathering is looking for compensation for damages, in addition to the popularity of their rights.
Most frequently in Spain, these civil disputes come up from divorces, administrative procedures or small enterprise disputes, and inheritances.
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Suing in Spain
Lawsuits do exist in Spain, and whether or not you’ll be able to sue somebody in a Spanish court docket depends upon a number of various factors. There are numerous causes you would possibly need to take somebody to court docket, and there are several types of lawsuits that we are able to group into three broad classes: household regulation, business disputes, and debt assortment.
Let’s check out the several types of fits, and the method for suing somebody in Spain.
The method
In Spain the lawsuit course of begins with the submitting of an official demanda (lawsuit) which outlines the small print of the alleged case, of the plaintiff (el demandante), the defendant (el demandado/acusado), and the compensation sought.
Earlier than la demanda goes to court docket, the defendant is shipped an official notification, and the plaintiff should make a deposit to the court docket which, relying on verdict of lawsuit, is refundable.
The case is then formally introduced to the court docket and a decide will summon authorized illustration for each events to attend an oral court docket listening to, identified in Spain because the juicio oral.
It’s value noting that in Spain, lawsuits involving small claims disputes of quantities below €2,000, maybe a landlord making an attempt to get again some unpaid lease, for instance, or a dispute between a small enterprise and a person, don’t require authorized illustration and you may, if you want, undertake the whole course of your self.
Nonetheless, The Native all the time recommends consulting a authorized skilled with familiarity with the Spanish authorized system.
Following the juicio oral it could actually take months earlier than the decide units a date for the trial. When that trial date does arrive, the decide has twenty days to decide and move a sentence.
READ ALSO: Why would not Spain have juries in trials?
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Precautionary measures
As a result of the method will be pretty prolonged in Spain, there are authorized security nets to guard the plaintiff if the defendant’s monetary state of affairs adjustments. Within the case of a defendant going bankrupt, or being unable to pay the sum, one other lawsuit will be set in movement that runs parallel to the preliminary declare.
This secondary go well with, often called medidas cautelares, which means protecting or precautionary measures, is filed with goal of embargoing financial institution accounts, property and every other belongings owned by the defendant.
Drafting a lawsuit
Although we advocate all the time consulting authorized consultants, there are some key particulars required when drafting the textual content of a lawsuit. These are:
- the precise handle and placement of the court docket the place you might be submitting the lawsuit.
- the non-public particulars of the plaintiff, together with handle and career.
- the small print of your authorized illustration, ought to you’ve any.
- the non-public particulars of the defendant, together with handle and career.
- the small print of your case – you should clearly define your case, together with compensation, damages and your authorized rights which were violated.
- any proof you’ve that helps your declare, with regards to the regulation you imagine has been damaged.
Various kinds of lawsuits
There are a large number of the reason why you would possibly file a lawsuit towards somebody, and numerous forms of lawsuits that exist in Spain.
A few of them embody:
Amount declare (Reclamación de cantidad)
Contract termination (acción de resolución contractual)
Proper of withdrawal (ejercicio del derecho de desistimiento)
Eviction lawsuit (demanda de desahucio)
READ ALSO: Okupas: What’s the regulation on squatting in Spain?
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Broadly talking, lawsuits in Spain will be grouped into three teams – debt, household, and business disputes.
Debt Assortment
Debt assortment lawsuits are a number of the most easy in Spain. Put merely, if the debtor is lives in Spain, you possibly can file a lawsuit there. You’ll be able to start the lawsuit course of and declare damages for an unpaid debt you probably have formally, however non-judicially, requested fee of the excellent debt with the suitable documentation, comparable to invoices or contracts.
If this does not resolve the dispute, you possibly can then file a lawsuit in court docket.
Household Regulation
Within the case of a divorce, lawsuits will be filed in Spain if:
- Each events have lived in Spain for not less than a yr or 6 months within the case of Spanish nationals.
- Not less than one partner stays in Spain after each spouses have lived there.
- The social gathering not submitting for divorce lives in Spain.
- The spouses are submitting collectively and one among them lives in Spain.
- Each spouses are Spanish residents.
For circumstances involving parental disputes such because the fee of kid assist, a lawsuit will be filed win Spain if the kid in query lives in Spain or inside 3 months of the kid transferring from Spain to a different EU nation. If the kid has moved to a non-EU nation, the lawsuit depends upon the settlement Spain has with stated nation.
Business Disputes
Like with debt disputes, for business lawsuits the social gathering being sued should reside in Spain. Business lawsuits will be filed for the next:
- Contracts imagined to be accomplished in Spain
- A tort that occurred in Spain
- In opposition to an insurance coverage firm if the beneficiary is in Spain
- Disputes over properties held in Spain
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How a lot will getting a lawyer price?
In Spain, the lawyer (abogado) is accountable the defence of the consumer whereas the solicitor (procurador) is accountable for the consumer’s illustration by way of all of the documentation and notifications.
In accordance with Spanish shopper watchdog OCU, it is advisable have a lawyer and solicitor within the following circumstances:
- If the quantity claimed doesn’t exceed €2,000, a lawyer and/or solicitor will not be wanted.
- If the quantity claimed is between €2,001 and €6,000, the declare can be processed in an oral listening to and a solicitor and lawyer are required.
- If the quantity claimed exceeds €6,000 or is of an undetermined quantity, the lawsuit will contain an extraordinary trial for which you want a solicitor and lawyer.
Legal professionals and different authorized professionals are free set to their very own charges, so there is not an quantity that works throughout the board. It additionally depends upon the kind of lawsuit, if it is a first occasion process or an enchantment, and the end result also can decide who pays different authorized charges and potential fines.
OCU experiences that paying a lawyer for first occasion proceedings in Spain prices on common €1,200. In accordance with authorized comparability web site Zaask, the common is €1,160, however relying on the lawsuit’s particular circumstances it may be as little as €250 or as excessive as €2,270.
A solicitor alternatively is entitled to cost €1,540 when the quantity claimed through the lawsuit is beneath €601,012.
* If you’re contemplating submitting a lawsuit towards somebody in Spain, it is suggested to seek the advice of with authorized professionals who can who’ve experience within the Spanish authorized system, and advise you on the following steps. *