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According to international law the demand will be made in your adress and only if there is in your case an spacial law by the signed contract you could refuse the demand
The international law says that you must be demanded in Spain with spanish law as spain is your resident place
Thank you for responding again! I have attended the hearing in the UK and the judge wants to know the procedure in Spain. Can you please supply the details for the procedure of serving a claim?
First step its to know the matter
What is the main of the demand ?
I agree that the service of the demand has to be made under Spanish law. So what is the rules that the demander must follow?
What are they demanding? Money ?
The case is about a contract (only through e-mail and not a formal contract) for a work to be done in Spain in my recording studio. I am domiciled in Spain and the contract was performed in Spain. All this I know requires the case to be heard in Spain and not UK. But the demand was sent from the UK by post and under the Brussels Regulation it must comply with the Spanish laws on service of the claim. So I need to know what the law in Spain requires for sending a demand to the defendant's address.
They are demanding money, equipment and damages. They intend to get a bankruptcy order to force the sale of my Spanish home (costing €600,000 to build). If they succeed, my wife and I will be out on the street.
What is the name of the Spanish law/rules on sending a demand to a defendant? How should that be done?
Well, the demand has to be made in Spain
He and you will need an attorney
As a consumer the main law who gives you rights its the RDL 1/2007
The demander is claiming that the case may be heard in the UYK courts and I am saying that the case must be heard in the Spanish courts. The Brussels Regulation says that I am right but the UK judge wants to know the specific Spanish rules that say how the demand must be made.
This is not a consumer issue ... it is a contract issue.
But are you a consumer arent you?
Are you a professional who contract or it was for your own use?
If it was for your own use you are a consumer
No, I was recording the music for a singer (from the UK) here in Spain. There was a written agreement in the form of e-mails but no clause stating under which laws the contract must be made. It is therefore not a consumer matter as I was not buying anything and she (the singer) was not buying anything.
Ok, no consumer
But the demand has to be made in Spain for sure
He has to contract an attorney who has licence to work in Spain and he has to put a demand in spanish court
I was a professional record producer who agreed to record the music for the singer in my Spanish studio. I was therefore providing a service under contract.
You only could be demanded in Spain according spanish law
In this site you will fin the law
Civil Procedure Act (Ley de Enjuiciamiento Civil) (PDF. 2.83 MB)Este enlace se abre en una nueva pantalla
Ley de enjuiciamiento civil
Good! Now can you give me the name of the law and the section covering the procedure for making a demand. The UK judge needs the specific name of the law and the paragraph. I will look at the site, but can you direct me to the right section please?
Ordinary judment Art 249.5
Okay, thank you! I will take a look and get back to you if I have further questions. Do you know if there is an English translation of this Spanish law?
In the site provided you will faind this law and the most important ones translated into english
This is the site http://www.mjusticia.gob.es/cs/Satellite/es/1288774502225/TextoPublicaciones.html
And the law
I will be here if needed
Take a look and tell me if you got more doubts
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