PRIVATE INTERNATIONAL LAW
As a result of the existence of various legal systems and globalization, situations may arise within private relations whit foreign elements, as a consequence; conflicts of jurisdiction and conflict about applicable law.
Private International Law regulates through Treaties and Agreements, and Regulations (in the case of the EU), which country is competent in the process and which law is applicable in order to solve conflicts between people with a foreign element.
The casuistry of application of Private International Law is very extensive, but as an example in the field of Family Law; British national who resides in Spain, marries in Spain with Bolivian national who also resides in Spain, they live together for a time in Spain, but both return to their respective countries. After a few years the British citizen wants to get a divorce. Or for example Moroccan nationals, get married in Morocco, now reside in Spain and want to get divorced.
In which country the divorce has to be processed? Under which applicable law?
Regarding the area of Succession Law with a foreign element, an example; a French national who has assets in Portugal and resides in Spain. Which country is competent to process the inheritance? What is the applicable law?
On the other hand, in the field of the Recognition and Execution of Sentences, suppose we have a divorce decree in Germany in which filial parental measures are established for children, currently we reside in Spain. If you need that the Judgment taking effect in Spain, we manage the Exequátur. It is a judicial procedure to declare the recognition of a foreign judicial resolution and to authorize its execution in Spain.
Our service in Private International Law;
- Divorce with a foreign element.
- Management of the inheritance of a deceased foreigner in a third country of residence.
- Recognition and Execution of Sentences. Exequátur.