Identifier: TFG:619
Authors: Sosa Calderón, Mª Regma
Abstract:
Between all the areas encompassing Private international law, I opted for the recognition and enforcement of foreign judgments in Spain, placing our country as requested State. I considered appropriate at this time to realise a study of the current operation of this system inasmuch as the last 20 August 2015, entered into force the new internal regulation with the Law 29/2015, of July 30, of Legal International Cooperation in civil matters (LCJI). This promulgation appears with notable changes, finally repealing sections 951-958 of the outdated 1881 LEC no longer consistent with current case law and that posed many practical problems. This discordance grew increasingly noticeable, compared to the International Conventions ratified by Spain in this matter, but mainly because of the emergence of new European Regulations containing the recognition and enforcement of judgments advocating their free movement between member states of the European Union, with the aim of achieving an area of freedom, security and European justice. Between, the various European Regulations, I feature Regulation 1215/2012 on jurisdiction and recognition and enforcement of judgments in civil and commercial matters (Brussels I bis), as the most recent and generic, despite it has his most ancient origin (1968 Brussels Convention). Consequently it is the Regulation which I used as a basis for analyzing how our new internal regulation has been inspired by his "modern" provisions. Basically this work contains an analysis, point by point, of all the reforms that have been incorporated into our system of internal law, comparing them with the old regulation, suggesting deficiencies with which we had previously, against the benefits that currently LCJI provides for an effective judicial protection for citizens in their private affairs, and a better cooperation between countries.
Repositori URV