Enforcement of titles or court decisions for companies in France and Spain: legal strategies with BCVLEX

In the business world, compliance with a court decision or title after a dispute is crucial for the protection of the company’s economic rights. In Spain, as in France, judicial enforcement procedures offer companies specific tools to assert their rights against defaulting debtors or third parties. At BCVLEX, we have extensive experience in the enforcement of judicial and extrajudicial titles, offering effective and customized solutions to companies operating in these countries.

What is the enforcement of titles or judicial decisions?

The enforcement of judicial acts consists of the execution of a final decision issued by a court that recognises a right, obliges an action or establishes a claim. Similarly, extrajudicial titles, such as contracts signed before a notary, can also be enforced if they meet the legal requirements of the competent court. In both cases, the process is intended to make the recognized right a practical reality. In Spain and France, the legal framework for the enforcement of securities is different, but both systems offer relatively agile procedures for companies, especially when they act with a well-designed strategy and tailored advice.

Enforcement of securities in Spain

In Spain, the enforcement of judicial titles is regulated by the Code of Civil Procedure (LEC), which establishes clear procedures to ensure the effectiveness of judicial decisions. Here are some of the key steps:

1. Application for enforcement: The company concerned must submit an application for enforcement to the competent court, accompanied by the judicial or extrajudicial title to be enforced.
2. Measures for the seizure and tracing of property: Once the claim has been admitted, the court may carry out precautionary seizures, request information from public registers or demand third parties to pay it.
3. Settlement of sums: In the case of monetary debts, the judge will determine the exact amount to be paid, including interest and court costs.

Execution of securities in France

In France, enforcement procedures are governed by the Code of Civil Enforcement Procedures, which attaches great importance to the figure of the commissioner of justice, who is responsible for the enforcement of judgments and enforceable titles. Highlights (Some of their powers include?) include:

1. Injunction to pay: Before proceeding with seizures, it is common for the commissioner of justice to formally notify the debtor in order to try to resolve the matter amicably, sometimes by means of a payment schedule.
2. Seizure of movable and immovable property: In the event of non-compliance by the debtor, the seizure of property, bank accounts or property may be requested, with prior judicial authorization.

At BCVLEX, we advise companies on how to optimise these procedures, from the design of strategies to the effective execution of debt foreclosures and collections, whether in Spain or France.

What are the advantages of BCVLEX?

1. International experience: With firms and lawyers in Spain and France, we manage enforcement proceedings both locally and cross-border.
2. Customized strategies: We analyse each case to ensure efficient execution and maximize asset recovery.
3. Regulatory knowledge: We are familiar with the legal particularities of both countries and the European instruments that facilitate judicial cooperation.
4. Comprehensive solutions: From the preparation of the application to the location of the goods and the implementation of executive measures, we cover the entire process.

If your company is having difficulties enforcing titles or judgments in Spain or France, BCVLEX is at your disposal. Contact us for an initial consultation and allow our lawyers to provide you with the legal support you need to ensure the effective enforcement of your rights.