Foreign Proceedings
precautionary measures in Spain, both
for arbitral and judicial procedures that
are being followed abroad, when they
meet the established legal requirements.
The purpose of such measures is
to ensure the effectiveness of the legal
protection that may be granted in the
judgment.
The precautionary measures that can
be requested in Spain are the following:
judgments condemning to transfer
money, rent and fungible cash,
computable by applying certain
prices. The attachment of assets can
also be used to enforce other types
of judgments, but only when such a
measure is considered appropriate
and non-replaceable with another one
of equal or greater efficiency and less
onerous for the defendant.
when a judgment involving an order
to hand over such assets by way of
ownership, tenancy or any other title
that includes a legitimate interest in
maintaining or improving productivity
is intended. Likewise, this measure
can be requested in case the
guarantee of the productivity is of
primary interest for the effectiveness
of the legal protection that is sought.
an order to hand over a movable
thing, in possession of the defendant,
is intended in the application.
laid out by the court.
regard to goods or rights subject to
registration in public registers.
publicity is useful for the success of
the legal protection that is sought.
performing a behavior, or temporary
prohibition to interrupt or cease the
implementation of a provision.
activity, can be requested if the
legal action intends a prohibition or
cessation of such an activity, as well
as the appropriation or deposit of the
amounts claimed as remuneration for
the intellectual property rights.
rules on intellectual property, and the
deposit of the material used for their
production.
y Economistas. His practice focuses on commercial and company
law including corporate matters and contracting and issuing
legal opinions in litigation and non-litigation matters such as
bankruptcy proceedings. As a litigator, he represents clients in
various stages of proceedings on civil and commercial matters,
including company, banking and intellectual property law, tort and
obligations and contracts. He has also participated in a number of
arbitration proceedings.
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