The effects in Spain of the proceedings and the acts of voluntary jurisdiction on the part of foreign authorities and their registration in the new Act 15/2015 of 2 July on voluntary jurisdiction

Abstract

Act 15/2015 of 2 July on voluntary jurisdiction devotes chapter I of title I to «Rules of Private International Law». Articles 11 and 12 of the chapter regulate the general effects and registration-related effects in Spain of proceedings and acts of voluntary jurisdiction on the part of foreign authorities. These are probably the most obscure, hard-to-read articles in the entire act. Rarely has criticism of the law fallen so quickly, roundly and unanimously as in this case. It has been said that the legislative snarl formed by articles II and 12 of the Voluntary Jurisdiction Act (in conjunction with articles 41 to 46 of the Act on international judicial cooperation in civil matters, with which they are directly connected) is «terminologically and conceptually muddled, without method and lacking in a minimum of consistency». To try and make a correct exegesis of these complex, confusing rules, one must begin by clarifying certain terms, concepts and delimitations of the system with strong legislation in this matter. This paper undertakes this task and moreover examines general principles on the enforceability of foreign judgements in matters of voluntary jurisdiction as regards registration in Spain, the objective and subjective realms of application of articles 11 and 12, the system of acknowledgement resulting from the articles (including a study of the grounds for refusal to which the system is subject) and, lastly, the procedure for scrutiny by registration officials.