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Attachment of Assets - Looseleaf
Attachment of Assets - Electronic
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Spain
Attachment of Assets
1. What is the general nature and effect of judicial measures
available for plaintiffs to obtain provisional relief affecting
property of debtors to obtain security for judgments to be
obtained (attachments)? Freezing property in place? Placing it
in the custody of a third party, such as a court official, sheriff
or marshall?
The Spanish judicial system has experienced in-depth changes with
the passing and entry into force of the civil procedure act (January
2001). This Act not only introduces changes in the system of
attachments (final or preventative), but also clarifies and completes the
former procedural legislation, enacted in 1881 and with successive
reforms. In this sense, this study includes all the changes made by the
Act both to the system of final attachment and on questions relating to
injunctions (of which preventative attachment is one form).
Additionally, the approval of EC Regulation 44/2001 on the
recognition and enforcement of court decisions on civil and
commercial matters has meant that, on measures of security adopted in
the scope of the EU, any reference to the Brussels Convention in the
legislation of the member states must be deemed to be made to the
provisions of this new EU Regulation.
Finally, the new Insolvency Act1 regulates judicial insolvency
proceedings. As regards measures of security, this Act alters the
traditional ranking of credits under the Spanish Civil Code as regards
the assets affected by an insolvency procedure. Furthermore, the Act
includes important amendments to other legislation relating to
attachments (e.g., the Labor Procedure Act and the Workers Statute).
In view of its relevance, it has been considered appropriate to provide
at the end of this chapter the updated version of these articles.
After these considerations, and as an introduction, we should state
that Spanish procedural law designates under the general name of
Antonio Fernández and Juan Verdugo, GARRIGUES, Abogados y Asesores Tributarios
