¡Descarga Limits jurisdiction y más Apuntes en PDF de Derecho solo en Docsity! Litimitation of Jurisdiction Exclusive Cases must be brought only to Spanish Courts. Judgments of foreign courts are not recognized General Cases can be brought to Spanish Courts. Judgments of foreign courts are recognized Ci vil Art. 22 (1, 3-5) Art. 22 (2) • Cases related to the real estate located in Spain. • Establishment, validity, nullity or dissolution of Spain based legal persons and associations. Cases related to agreements and decisions of its governing bodies. • Cases related to the validity or nullity of records in Civil Register of Spain. • Cases of inscription or validity of records of patent and other rights when such a deposit or registry have been requested or carried out in Spain. • Recognition and execution in Spain decisions of foreign arbitrage. • Declaration of absence or death when the last residence place of such a person was in Spain. • Cases related to legal incapacity or minors that are residents of Spain. • The parties expressly or tacitly agree to bring a case in front of Spanish Courts • Defendant (demandado) has his residence in Spain. • Many cases of family relations. • Cases related to consumers’ rights when a customer is Spanish or service is provided in Spain. • When provisional or warranty measures related to person or property that are in Spain have to be adopted. • Cases related to bankruptcy. Exclusive Cases must be brought only to Spanish Courts. Judgments of foreign courts are not recognized General Cases can be brought to Spanish Courts. Judgments of foreign courts are recognized Cr Art. 23 (1) Art. 23 (2,3) • Crimes (delitos y faltas) committed on the territory of • Crimes (delitos) punishable by Spanish legislation committed With the following conditions to be respected: 8.1. the link between crime and Spain is established: • responsible persons caught in Spain, • there are victims of Spanish nationality, • other links. • 2) The other competent State or International Tribunal has not started the criminal procedures. • 3) The criminal haven’t been acquitted, reprieved or punished abroad for that crime or in the last case didn’t serve the sentence. Exclusive Cases must be brought only to Spanish Courts. Judgments of foreign courts are not recognized General Cases can be brought to Spanish Courts. Judgments of foreign courts are recognized Ad mi nis Art. 24 ---- • Cases when administrative individual act or general order was adopted by Spanish public authority or public tra tiv e administration. La bo ur Art. 25 (2,3) Art. 25 (1) • In cases of control of collective agreements signed is Spain and in cases of claims derived from such collective relations in the territory of Spain. • In cases of claims related to the social security against of Spanish entities or when foreign social security agency has a residence, an agency, a delegation or other representation in Spain. • In cases of rights and obligations under the labour (Individual) contract when: • duties are performed in Spain; • the contract was signed in Spain; • defendant resides in Spain or has his an agency, a branch, a delegation or other representation in Spain; • employer and employee are Spanish, wherever contract is executed; • the contract is about shipment and the offer was made in Spain to Spanish employee.
