Legal Spain

• Legal System Spain

• Small Claims Court Spain

• Legalisation of Documents Spain

Legal System in Spain 

The courts in Spain are, as in many other jurisdictions, independent from the other arms of government. They may only be dismissed under the specific terms of Art 117 of the Spanish Constitution. Judges, while subject to the rule of law, are not subject to any orders issued by the executive, the legislature or by any orders laid down by the Autonomous Communities. 

Structure of the Spanish Courts 

Each level has its own type of courts 

The Spanish legal system is a typical civil law system in which the main body of the law is codified. Hence, it may be said that there is a main branch of the law - Civil Law - from which the whole private law has derived, in particular Commercial Law. 

As a result, the Civil Code supplements the Commercial Code in those areas in which the latter provides for no specific regulation. 

Actions to claim rights are regulated by the Ley de Enjuiciamiento Civil (Civil Procedure Act). The procedural system is more adversarial than inquisitive. Consequently, the courts do not typically take an active role in developing the case. Generally, the courts will rely on the motion of the parties for these purposes.  

However, this does not mean that the judge is merely a passive spectator since the law gives the judge a number of powers to impel the proceedings. As a general rule pre-trial discovery is very limited. Normally evidence is brought forward with the claim and evidence is tested and/or taken in the course of the proceeding. Lastly, there is a unified court system in Spain, the so called ordinary jurisdiction. 

The Spanish Civil and Commerce Codes recognise the ability of foreign individuals and companies to trade in Spain subject to their own laws as far as their personal capacity is concerned and to the Spanish laws where the creation of establishments in this country is concerned. 

Furthermore, foreigners legally residing in Spain have the same individual rights as Spaniards except those of a strictly political nature (as a general rule, to vote and be eligible for public office), save the special status for European Union citizens who are eligible for city councils.

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Small Claims Court Spain

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Legalisation of Documents Spain

The process of attestation of any legal document such as a birth certificate or marriages certificate is known in Spain generally as 'legalizacion de documentos'.

Normally this is required for change of geographical location or upon returning from Spain after having married here for example.

Where the  relevant  countries are parties to the Hague Apostille Convention it is a relatively straightforward process.

The apostille consists of the following:  

     (1) Name of country from which the document emanates; emanates;

     (2) Name of person signing the document;

     (3) The capacity in which the person signing the document has acted;

     (4) In the case of unsigned documents, the name of the authority which has affixed the seal or stamp;

     (5) Place of certification;

     (6) Date of certification;

     (7) The authority issuing the certificate;

     (8) Number of certificate;

     (9) Seal or stamp of authority issuing certificate;

     (10) Signature of authority issuing certificate.

Depending on the country, there are a variety of different public authorities who are authorised to affix the apostille to public documents.
 
However, when one of the relevant countries is not a signatory of the agreement  the process becomes more complex.
In order to arrange for legalisation of  documents there is a four step process:
 

1. Application to the Government Secretary of the High Court (Tribunal Superior) of the relevant Autonomous Community in Spain;

2. Presentation of the document to and authorisation by the Ministry of Justice;

3. Presentation of the document to and Authorisation by the Ministry of Foreign Affairs; and

4. Presentation to the Consulate of the destination Country accredited in Spain

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Legal Spain - Consumer Protection

The protection of the consumer in Spain has it roots in the Spanish Constitution, with the National Institute of Consumers created by Article 51 of the Constitution. 

The Constitution sets out that the public authorities must: 

• Guarantee the protection of consumers and users of products and services

• Protect their health, security and economic interests

• Promote the education of and information for users and consumers

• Foment consumers’ and users’ organisations and consider their views

The main laws governing the area were the General Consumer Protection Act 1984 and the Product liability Act 1994 and these have since been updated by the Real Decreto Legislativo 1/2007. 

Consumers Rights 

The basic rights of consumers may be listed as follows: 

1)      Protection against risks to Health or Security;

2)      Protection of their legitimate economic and social interests, in particular, with regard to abusive contract terms;

3)      Compensation for damages suffered;

4)      Correct Information about the different goods and services and education and disclosure to facilitate knowledge about their correct usage, consumption and enjoyment;

5)      Consultation and participation in the elaboration of general resolutions that affect them directly and the representation of their interests in the various bodies and consumers associations legally constituted;

6)      The protection of their rights through effective proceedings, especially in situations involving subordination, inferiority or defencelessness.

How to Proceed if Rights Infringed 

There are various ways to seek redress for violation of your consumer rights. You may proceed via: 

• A claim before the consumer protection body or consumer organisations;

• Consumer Arbitration Board;

• Civil Court Action

Consumer Protection Bodies

In order to take the first option, the consumer should contact the Municipal Office for Consumer Information in their area or the Agency for Consumer Affairs in their region. 

These bodies also serve as a way to ascertain whether or not there has been an infringement of consumer rights without taking a formal action. 

It is also possible to fill out a ‘Complaints form’ which must legally be available in every establishment. In this way it is possible to begin a complaints process in the place where the rights were infringed. This may be the starting point for a formal action. 

There are also Consumers Associations for specific industries that can be contacted directly should the complaint involve one of their sectors. The industries covered include: Banks and Financial Institutions, Investments, Insurance, telecommunications, Air Transport, Ground Transport and Utilities Companies.  

Consumer Arbitration Board 

This is an non-judicial form of arbitration before which both the consumer and the business must voluntarily agree to appear. The proceedings are impartial, independent and confidential in nature. The decision is binding as if it were a court judgement. 

The benefits of this form of resolution are that it is quick, effective and economic by avoiding recourse to the courts. There is no limit in monetary terms as to what the tribunals may preside over however they must be to do with conflicts which affect legal or contractually recognised rights of consumers and users.

Civil Court Action

Anyone has the right to contract a lawyer to take an action on their behalf. It should be noted however that this course of action may take quite a long time and can be costly.

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F.A.Q's

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