exists in practice. This requirement
imposes an obligation on the
applicant to file the lawsuit along
with the materials that can prove
prima facie, without prejudice of the
merits of the case, that the claim
is based on a "proper right of the
claimant thereto."
that the delay in the proceedings will
affect the effectiveness of the legal
protection that can be granted once
the proceedings are over, in a way
that if the precautionary measures
were not adopted, the judgment
delivered in the case would not
provide an effective protection to
the rights of the claimant, due to,
for example, the damage or loss of
the goods that are the subject of the
claim, or similar circumstances.
guarantee deposit in order to cover
any obligation of compensation of
damages that can be caused to the
defendant as a result of the adoption
of the precautionary measures.
previously mentioned application
for precautionary measures based on
a foreign proceeding, shall be duly
translated and legalized, in accordance
with the provisions of article 323 of the
Act of Civil Procedure, in order to be
recognized and, consequently, taken
in consideration in the precautionary
proceedings pursued in Spain.
participation in a foreign
proceeding
participation in a foreign proceeding
against the individual subject to the
precautionary measures (in accordance
with the provisions of the article 724 of
The law does not establish in what
way such participation should be proven,
however in our opinion, both for the
case of foreign arbitral proceedings, and
for the case of court proceedings, the
applicant must accredit his participation
in the foreign proceeding with a judicial
certificate of the country of origin, dully
translated and legalized.
While the translation doesn't
represent a major obstacle, the
requirement of legalization is of vital
importance. First, the claimant should
consider if the country of origin is part
of any treaty that exempts or establishes
requirements for legalization of foreign
public documents.
For example, in the case of the
countries that are part of the Hague
Convention No. XII of October 5, 1961,
for a document to be publicly recognized
in Spain, in addition to being translated,
it must carry an "apostille."
Some countries, including Spain,
have signed multilateral agreements
in order to simplify the procedure
of legalization of documents. Thus,
according to these agreements, a direct
presentation of a foreign document in
Spain is enough for it to be publicly
recognized, with no additional
requirements regarding the "apostille" or
other legalization procedure, this is the
case of:
International Commission on Civil
Status (CIEC), of November 15, 1977.
ICCS, 8 September 1976 (BOE 200 of
08/22/1983) on multilingual extracts
of birth, marriage or death.
the Council of Europe, June 7,
1968, (BOE 206 of 08/28/1982)
on exemption from legalization
documents issued by diplomatic and
consular agents.
on February 24, 1984, (BOE 93
of legalization and issuing of Civil
Registry.
Rogatory of Panama, January 30,
1975 (BOE 195 of 08/15/1987).
Legalize disclaims court
documentation appended to the
letters rogatory (Article VI).
Italy regarding documentation
exchange October 10, 1983, on Civil
Registration and exemption from
legalization of certain documents.
Done in Madrid. (Entry into force
on 1 August 1986. BOE. No. 124 of
May 24, 1986).
Kingdom of Spain and the Republic
of Italy concerning the mutual
recognition of diplomas of high
school, colleges and universities,
done at Rome on 14 July 1999. Entry
into force on 14 July 1999. BOE. No.
277 of 18 November 2000. (Article
7, item four), does not require
legalization or document translation.)
not form part of any of the two groups,
all of the documents, whether judicial or
not, must be legalized by the following
procedure:
State of origin.
and Cooperation (MAEC-Legalization
Section) which certifies the seal of the
diplomatic representative abroad.