Private International Law in Spain

• Representation in Cross-Border Disputes. Lawyers represent clients in cross-border cases involving contracts, property, or family law matters.
• Expertise in Treaties and International Regulations. Lawyers advise on the application of international treaties and EU regulations relevant to private international law cases.
• Advice on International Contracts. Legal professionals assist businesses in drafting and negotiating contracts that comply with laws from multiple jurisdictions. They also advise on dispute resolution mechanisms, including international arbitration and mediation.
• International Tax Law. Addresses the taxation of foreign income, assets, and economic activities involving non-residents and international entities. Spain has signed numerous double taxation treaties to avoid tax duplication and provide clarity on tax obligations for individuals and companies operating across borders.
• Family Law with International Elements. Spanish lawyers handle cases involving international marriages, divorce, and custody. Services include court representation, drafting prenuptial agreements, and enforcement of foreign custody or alimony orders.
• International Inheritance Law. Governs cross-border succession matters involving foreign nationals and Spanish residents. The applicable law to an international estate in Spain is generally determined according to the EU Succession Regulation (Regulation (EU) No 650/2012). Spanish lawyers assist clients in navigating inheritance tax, recognition of foreign wills, and the distribution of assets located in multiple jurisdictions.
• International Criminal Law. Spain plays an active role in international criminal law (ICL), prosecuting serious crimes based on international treaties, EU law, and domestic legislation.
• Cross-Border Commercial Disputes. Spain's strategic economic position makes it a hub for international business. Lawyers provide services in drafting international contracts, resolving disputes through arbitration or litigation, and advising on applicable law and jurisdiction.
• Enforcement of Foreign Judgments. A key aspect of private international law is ensuring that judgments made in one country can be recognized and enforced in another. Spanish lawyers guide clients through recognition and enforcement procedures, particularly under the Brussels I Regulation and other relevant conventions.
• Immigration and Nationality Law. Legal experts assist with immigration matters such as residency, work permits, dual nationality, and complex international cases.
• International Arbitration and Mediation. Spain promotes alternative dispute resolution. Legal firms in cities like Madrid and Barcelona offer multilingual arbitration and mediation services and work with institutions such as the ICC and LCIA.

• Jurisdiction and Venue. Spanish law provides clear criteria for establishing jurisdiction in cross-border cases. This includes the domicile of the defendant, the place a contract was executed, or where the wrongful act occurred. Within the EU, the Brussels I Regulation governs jurisdictional matters.
• Recognition and Enforcement of Foreign Judgments. Foreign judgments involving Spain may be recognized and enforced under certain conditions. Courts apply EU rules and international treaties, requiring reciprocity, fairness, and procedural compliance.
• Choice of Law. Private international law in Spain addresses the applicable law in each case, whether it involves contracts, torts, or family issues. The Rome I and Rome II Regulations govern contractual and non-contractual obligations, respectively, while the Spanish Civil Code provides national rules on the subject.
• Family and Inheritance Law. Cross-border family matters are common, and Spanish private international law sets out how foreign marriages are recognized, how international divorces are processed, and how international estates are distributed.

Private international law is an essential part of Spain’s legal framework, addressing legal issues that arise from international interactions. International lawyers provide critical assistance to individuals and companies by offering expertise in jurisdiction, applicable law, and cross-border enforcement.