A Guide to the Execution Procedure in Spanish Law

Posted on Sep 21, 2024 in Law & Jurisprudence

OFFICE OF THE EXECUTION

Review of the Defendant and Accompanying Documents

Once the application is made to run all the documents, the court makes an order. The car containing the general order of execution clears the same. The following should be checked:

  • Presenting the budgets and procedural requirements.
  • “In the case of judgments or arbitration, you must wait 20 days from the notification to run before ordering the release of ejecución.”
  • That the executive title is not vitiated by any formal irregularity.
  • Implementing acts are consistent with the nature of the title.
  • How it should be released or withheld execution: The execution order is shipped with and appealed, i.e., you cannot use it; all you can do is oppose. The Court dismissed the application execution whenever the executive meets all procedural requirements and enforcement actions that are required to be consistent with the nature and content of the title.

Contents: (551.2)

  • The person or persons to whom it dispatches the execution and the person against whom enforcement is dispatched.
  • If it is shipped jointly or severally.
  • The amount, if any, that is shipped with the implementation, by all concepts.
  • Proofs necessary details regarding the parties or the content of the implementation, once issued the order decree gives the clerk the same day or the next business day, and this decree shall contain: specific executive measures.
  • Measures of location and investigation of the property of the debtor that proceed.
  • The content of the payment to be made to the debtor.

Contra dispatching the order authorizing the execution and no appeal shall lie, notwithstanding the opposition can make the run. Against the decree issued by the Secretary-fit direct appeal judicial review, without suspensive effect before the Court which rendered the general order of execution.

Notice:

The order and decree must be served concurrently with the execution or the attorney for that ejecución.Medidas to people in the immediate following the order of release of the performance: If denied enforcement office: (552) Consolidation of implementation: (555)

ORDER TO SEIZE PROPERTY

It is to benefit the defendant and applied if no agreement between the Parties.

  1. Money or bank accounts of any class.
  2. Credits and duties on the spot or short term, bonds, securities, or other financial instruments admitted to trading on an official secondary market.
  3. Jewelry, art.
  4. Income in money, whatever their origin and the reason for their devengo.
  5. Interest income and fruits of all species.
  6. Movable or livestock, stocks, bonds, or securities not admitted to official listing and shares sociales.
  7. Real estate.
  8. Salaries, wages, pensions, and income from professional and commercial activities autónomas.
  9. Credits, rights, and values ​​achieved in the medium and long term.

También may be ordered embargo rearrest companies: Seizure of property seized and previously in a separate process (610)

  1. Seized the property or rights may be rearrested, and rearrest reembargante gives the right to receive the proceeds of what was obtained from the realization of assets rearrest, once satisfied the rights of ejecutantes.
  2. If, for any reason, regardless of the standard, however, the performer of the process in which the first rearrest would be locked in the position of the first performer and may hold assets reembargados. Sin forced, however, may request the reembargante forced realization of assets.
  3. Rearrest, without lifting the embargo or previous seizures. The performers of the processes that are ordered the rearrest may request the clerk of the court to take measures to ensure this work.

VALUATION OF PROPERTY

If the seized goods were not those for which should be delivered directly to the performer, nor were shares and other forms of social participation, he shall be appraised, unless the performer and have implemented agreed on its value before or after the ejecución. This does not only guarantee the rights of the performer but also protects the rights of the debtor to prevent the selling out of bienes. Para assessing three systems are supported:

  • Agreement between the parties.
  • Valuation by an expert and approval by the judge of that assessment. *(638-639)*

Valuation Expert

An expert is appointed, the appointment and notify the parties. The clerk shall decide on providing application and on payment of the same issue the expert opinion.

IMPLEMENTATION AGREEMENT

The agreement, approved by the clerk by decrees, is reached by the parties and stakeholders in an execution procedure for agreeing on the most effective embodiment of the seized property against which performance targets.

Standing

Standing to ask this convention is not just the performer or executed but any person who proves the direct interest of the execution.

Form of Adoption of the Convention

The Convention was adopted at a hearing ordered by the SJ with a measure of organization, after hearing if requested elsewhere, the appearance ejecutante. La only celebrated if SJ is not reasonable grounds to denegarla. En the hearing, to which others may attend at the invitation of executing or executed, attendees can propose any form of realization of assets subject to execution and show the person who consigned or strengthening, offered to acquire the property for a price higher than expected could be achieved by judicial auction. Goat also proposes other ways of fulfilling the right of the performer.

“If an agreement is reached between performer and executed to avoid causing harm to third parties whose rights protect this law, SJ adopts by decree and suspends execution against the property or property subject matter. Also, approve the agreement with the same effect if it included the suspension of the compliance of non-performing subjects and executed, would affect those.

When the agreement relates to goods subject to registration shall be required for approval the agreement of creditors and third holders who have their rights registered or recorded in the corresponding register after the lien is executed.

“If you do not reach an agreement, the hearing to try may be repeated when the circumstances so warrant, according to the SJ, to the best performance of the property.

STATEMENT OF OPPOSITION TO THE PROVISIONAL EXECUTION

: 1) Opposition to the entire execution (528.1) because he has violated any procedural requirement or budget. Because the sentence of condemnation is not cash and it is impossible in the case of a run that temporarily return to the previous situation without damage and perjuicios.2 º) Opposition to specific executive actions, statements condemning an amount of money this opposition is allowed, (528.3) xo allows opposing executed when it believes that such actions would cause a situation absolutely impossible to restore or financial compensation by awarding damages and perjuicios.Al make this opposition the government will have q indicate other enforcement measures as well cm caución.Si offer alternative measures are not indicated or provide any security, the opposition shall not be decreed and the q x SJ cntra be rec. rev Direct