Understanding Enforcement Orders and Legal Procedures
Enforcement Orders Under the Code of Civil Procedure
An enforcement order is a legal document where a party agrees to give, do, or not do something (Article 1088 of the Civil Code). This includes:
- The sentence of a final judgment.
- Firm Arbitral Awards or Resolutions.
- Judgments endorsing or approving court settlements and agreements.
- Public documents (first copy).
- Policies of Commercial Contracts signed by parties and a collegiate broker.
- Bearer or registered documents.
- Unexpired certificates from agencies responsible for accounting records.
- The Auto setting the maximum amount claimable as compensation.
- Other court decisions and documents linked to performance by law.
Reasons for Opposition in the Implementation Process
If the enforcement order is a sentence, judicial settlement, or arbitration award, the following can be argued (without suspensive effect):
- Payment or performance of the obligation.
- Expiration of action of a compact ejecutiva.
- Existence of a promise not to enforce the instrument.
If the court is not enforceable, the following can be invoked (with suspensive effect), in addition to the above:
- Compensation.
- The Pluspetición.
- The transaction.
If the enforcement order is an order of maximum amount, in addition to the above reasons, the following can be claimed (with suspensive effect):
- Exclusive fault of the victim.
- Force majeure.
- Misses in driving or operating the vehicle.
- Concurrence of guilt.
If the only reason for objection is the pluspetición, performance is suspended only for the disputed amount.
Pleas on the Form
- The judge has sent the wrong execution.
- Lack of execution of the character with which it is sued.
- Lack of capacity or performance of the performer.
- The enforcement does not meet the requirements to be enforceable.
Resolution Temporarily Unenforceable
- Judgments in paternity, maternity, annulment of marriage, separation, divorce, marital status, capacity, and honorific rights.
- Statements that condemn to issue a declaration of intent.
- Statements that declare the nullity or expiration of industrial property titles.
- Cases involving a foreign firm, unless otherwise provided in international treaties in force in Spain.
Resolutions Provisionally Executable
These are provisionally enforceable judgments of conviction and sentences imposed in proceedings for the protection of fundamental rights.
Criminal Objective Competition
This involves attributing knowledge of affairs in the first or only instance of a particular court level, based on the degree of gravity of the trial, the special nature of the object, and the subject quality of the defendant.
Differences Between Public, Private, and Popular Prosecution
- Acusación Pública: Prosecutor and state attorney.
- Acusación Particular: A person other than the prosecutor who brings action against criminal offenses (semi-public offenses). In private offenses, only the private prosecutor can exercise criminal action.
- Acusación Popular: Action brought by a citizen who is not offended by the crime.
Payment Procedure
This process seeks to obtain payment of a debt up to 30,000 euros that is due and payable.
Features: A court request for a person to pay a debt. The debtor must pay or provide reasons for not paying.
Debts can be claimed through documents, invoices, or certificates of image.
Concept and Budget of Precautionary Measures
These are precautionary measures or acts agreed upon by the court, upon application by an interested party, to ensure the sentence can be accomplished.
Characteristics: Instrumentality, seasonal, temporary, functionality, judicial emergency.
Budgets: Procedural default risk (damage due to delay in issuing the final ruling). Urgent and provisional measures are needed to prevent harm or aggravation during the wait.
Prima Facie Case: Interim protection is possible if the court is convinced of the need to adopt a precautionary measure.
Bond: A bond to cover damages, required unless otherwise agreed by the court or law. It can be cash or a joint guarantee. The amount is fixed by the court based on the demand and claim content.
Bankruptcy Auction in the Judicial Process
A public sale of seized goods to the highest bidder, conducted with court intervention, to serve the creditor’s interests.
Collapse of the Auction: If the contractor fails to pay, the second-highest bidder is considered. If no bidder covers the minimum rates, a bankruptcy auction occurs. Participants who fail to pay lose their deposits, and a new auction is held.
Procedure for Payment
This process seeks to obtain payment of a debt up to 30,000 euros that is due and payable.
Features: A court request for a person to pay a debt. The debtor must pay or provide reasons for not paying.
Debts can be claimed through documents, invoices, or certificates of image.
Institutional Arbitration
Arbitration by an existing arbitral institution referred to by a clause in the parties’ contracts. The institution must have rules regulating arbitrator appointments, procedures, and award timelines. These can be private or public entities.
Territorial Jurisdictions in Separation or Divorce Litigation
Divorce: Termination of marriage.
Separation: Breakdown of marriage.
The competent court is the court of first instance of the matrimonial home. If the parties live in different homes, it is the court of the last domicile or the defendant’s residence. If there is no home in the place of last residence, it corresponds to the actor’s home court.