Debt Recovery and Default
Types of declarative processes
- Any legal dispute between parties that is not otherwise provided for by law shall be heard and decided in the corresponding declaratory proceedings.
- They belong to the class of declarative processes:
- The ordinary trial.
- The oral trial.
- The rules on the determination of the type of judgment by reason of the amount shall apply only in the absence of a rule on the subject-matter.
Scope of the ordinary trial
- They shall be decided in the ordinary court of law, whatever the amount:
- Claims relating to honorary rights of the individual
- Those seeking protection of the right to honour, privacy and self-image, and those seeking civil judicial protection of any other fundamental right, except those referring to the right of rectification. In these proceedings, the Public Prosecutor's Office shall always be a party and their processing shall be of a preferential nature.
- Lawsuits challenging corporate resolutions adopted by general or special meetings or assemblies of shareholders or bondholders or by collegiate administrative bodies in commercial entities.
- Claims in matters of unfair competition, defence of competition, in application of Articles 81 and 82 of the Treaty of the European Community or Articles 1 and 2 of the Law on the Defence of Competition, industrial property, intellectual property and advertising, provided that they do not deal exclusively with claims for payment, in which case they shall be processed by the procedure that corresponds to them according to the amount claimed. However, the provisions of point 12 of section 1 of article 250 of this Law shall apply when it concerns the exercise of an action for injunctions in defence of the collective interests and the diffuse interests of consumers and users in matters of advertising.
- Claims in which actions relating to general contracting conditions are brought in the cases provided for in the legislation on this matter, except for the provisions of point 12 of section 1 of Article 250.
- Those concerning any matters relating to urban or rustic leases of real estate, except in the case of claims for rent or amounts owed by the lessee or eviction for non-payment or termination of the term of the lease.
- Those exercising a right of withdrawal of any kind.
- When the actions granted to the Owners' Meetings and to the latter by the Horizontal Property Law are exercised, provided that they do not deal exclusively with claims for payment, in which case they will be processed by the corresponding procedure.
- Claims in excess of six thousand euros and claims whose economic interest is impossible to calculate, even relatively, shall also be decided in the ordinary proceedings.
Scope of oral proceedings
- The following claims shall be decided in oral proceedings, irrespective of their amount:
- Those that deal with claims for amounts for non-payment of rent and amounts due and those that, likewise, based on the non-payment of rent or amounts due by the lessee, or on the expiry of the term established contractually or legally, seek that the owner, usufructuary or any other person with the right to possess a rustic or urban property given in ordinary or financial lease or in sharecropping, recover possession of said property.
- Those that seek the recovery of full possession of a rural or urban property, ceded in precariousness, by the owner, usufructuary or any other person with the right to possess said property.
- Those seeking to have the court place in possession of property who has acquired it by inheritance if it is not being possessed by anyone in the capacity of owner or usufructuary.
- Those seeking the summary protection of the tenancy or possession of a thing or right by one who has been deprived of them or disturbed in their enjoyment.
- those seeking to have the court rule, on a summary basis, on the suspension of a new construction.
- Those seeking to have the court rule, on a summary basis, on the demolition or demolition of a work, building, tree, column or any other similar object in a state of ruin and which threatens to cause damage to the plaintiff.
- Those who, urged by the holders of rights in rem registered in the Land Register, demand the effectiveness of these rights against those who oppose them or disturb their exercise, without having a registered title that legitimises the opposition or disturbance.
- Those requesting maintenance owed by legal provision or by other title.
- Those that involve the exercise of an action for the rectification of inaccurate and prejudicial facts.
- Those seeking a summary ruling from the court on the non-fulfilment by the purchaser of the obligations deriving from the contracts registered in the Register of Instalment Sales of Movable Goods and formalised on the official form established for this purpose, with the aim of obtaining a condemnatory sentence that allows the execution to be directed exclusively on the good or goods purchased or financed in instalments.
- Those that seek to have the court resolve, on a summary basis, the breach of a financial leasing contract or hire-purchase contract with reservation of title, provided that in both cases they are registered in the Register of Hire Purchase of Movable Property and formalised in the official form established for this purpose, by means of the exercise of an action exclusively aimed at obtaining the immediate delivery of the property to the financial lessor or to the seller or financier in the place indicated in the contract, after a declaration of termination of the contract, where applicable.
- Those involving the exercise of an action for injunctive relief in defence of the collective and diffuse interests of consumers and users.
- Those seeking the effectiveness of the rights recognised in art. 160 of the Civil Code. In these cases, the verbal trial will be conducted with the peculiarities set out in Chapter I of Title I of Book IV of this laws.
- Claims whose amount does not exceed six thousand euros and which do not refer to any of the matters provided for in section 1 of the previous Article shall also be decided in the verbal trial.
Commercial law news
Business accelerators are organisations or programmes that provide support and resources to startups and entrepreneurs in the early stages of their company's...
Illiquidity refers to the inability of an entity or individual to convert assets into cash quickly without incurring significant losses. In other words, it is...
The mandate contract is an agreement in which a person, called the principal, entrusts another person, called the agent, with the performance of certain actions...
Due diligence is a process of thorough investigation and analysis undertaken to evaluate a company, an individual or an investment opportunity. The objective of...
A surety is a guarantee offered to ensure the fulfilment of a contractual or legal obligation. It is a contract whereby a third party, called a surety or...
A company's articles of association are a legal document that sets out the rules and regulations governing the organisation and operation of a company. These...
An offshore company is a legal entity created in a foreign country for commercial, financial or tax purposes. The term "offshore" refers to the fact that the...
A pledgee is a person or entity that has a security interest in movable or immovable property that has been pledged as security for a debt. In other words, it...
The venture capital is a form of financing companies in early-stage or growth companies involving venture capital investment in emerging companies and startups...
A corporate restructuring process is a strategy used to improve the efficiency and effectiveness of a company. In general, restructuring involves significant...
A capital reduction is a financial operation that consists of reducing the nominal value of a company's share capital. This can be done for different reasons, e...
A General Meeting of Shareholders is a mandatory annual meeting held by a company to enable shareholders to discuss and vote on the most important matters...