Legal tip 175. New Law: Speed for Courts in Spain
05 November 2009 @ 11:00
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) by Kike & Laura at Flcikr.com