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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Legal tip 175. New Law: Speed for Courts in Spain
05 November 2009 @ 12:00

Law 13/2009 on reform of procedural acts for the creation of the judicial office was published yesterday in the National official Gazette and will come into force in May 2010. This Law implements the new judicial office and its main objective is to discharge Judges from non-judicial functions, by giving more tasks and responsabilities to Court clerks.

First good new: This Law also opens the "small claim procedure" ( procedimiento monitorio) to claims of up to 150.000 €. Statistics show that more than 50% of the small claims procedures end up with an in-court settlement which avoids long declarative contradictory procedures.This will also work for a discharge of the courts' load...... and for a relief in the anxiety of claimers... for sure!

Second good new: Judicial auctions will be made through the Internet. No physical presence in the Court is needed anymore. This encourages participation, transparency and publicity of the auction. This promotion of the publicity of these events will also drive to better prices and most importantly will prevent collusive practices or the "old known" arrangements of auctioneers to monopolize these assets at prices well below market.

 

As part of the promotion of good judicial practises, all the procedural acts ae introucing different mechanisms for the join of actions, procedures, appeals or executions in order to avoid the unuseful multiplicity of action when a number of procedures have the same object.

Ermita de San Juan (Palencia) por kike & laura.

Ermita de San Juan ( Palencia) by Kike & Laura at Flcikr.com

 

 

 

 



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3 Comments

Sandra said:
05 November 2009 @ 19:08

Regarding the small claims amount of 150.000 euros. I'm sorry, but I'm confused.Is that One hundred and fifty thousand euros? It seems rather a large amount for a small claims court to deal with.I know that in Spain the punctuation is the opposite way around from the UK. I.e., you put a comma between the euros and cents and separate the thousands of euros with a full stop, whereas we put a full stop between the pounds and the pence and separte the thousands of pounds with a comma.
Also Maria, what are judicial auctions?
Whatever the answers it seems that it is a step in the right direction for the consumer.


Maria said:
06 November 2009 @ 07:27

One hundred fifty thousand euros. Maybe the concept " monitorio"is not full equivalent to your " small claims procedures" in the Uk.

Judicial Auction, is when as result of a judicial proceeding a good is sold in an auction in Courts.


Sandra said:
06 November 2009 @ 12:31

Thank you Maria,
Your reply means that these are large steps in the right direction.
Brilliant!


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