Private International Law governs relations across different legal jurisdictions between persons, companies, corporations and other legal entities in an international context. The international element might be the different nationality of the implied parties or it might concern a legal relationship between parties in different countries.
The two areas that Tulp Abogados specialise in are International business and family law.
In Tulp Abogados we often see cases in which due to wrong legal advice concerning Private International Law personal or economic damage has been caused. Avoid undesired situations consulting with a specialised lawyer.
The greater international mobility has created the internationalisation of family law. Questions arise such as which law applies and which court has jurisdiction. Private International Law has to be considered to solve international family issues. In Tulp Abogados we have the needed know-how in the application of international treaties and regulations concerning family law.
- Marriage and marriage crisis: Spouses or unmarried partners with different nationalities, or who live in other countries, will have to face matters of jurisdiction, applicable law on the marriage, separation of property agreements, enforcement of judgments…Consult an expert lawyer before getting married will avoid undesired situations and is absolutely necessarily in case of divorce or separation.
- Minor children: The disagreements between parents concerning the children will increase in an international context. In Tulp Abogados we work in the area of prevention of international parental child abduction and seek for a quick return in case the abduction has already taken place.
- Inheritances and wills: The handling of an inheritance or will is even more complicated in an international scenario. The goods of the inheritance can be in different countries, the heirs might have different nationalities or the testator deceased in a third country.
- Incapacity: As international travel becomes easier, many people reaching the age of retirement decide to spend the last part of their lives abroad, and Spain is one of the most popular destinations. In the case where illness affects the elderly abroad, Private International Law will be needed to seek for the nessesary protection of the person.
- Labor law: Foreign companies will have to comply with the Spanish law when hiring employees in Spain. Tulp Abogados informs both employers as employees about the correct application of Spanish labor law.
- Invest in Spain:A foreign company can undertake an economic activity in Spain in different ways. A new entity might be constituted but there are also other options, like licenses or agencies.
- Contracts: Before starting an international adventure, we strongly recommend you to search for specialised help before starting an international adventure, as laws and legal cultures differ in all countries.
- Migration law: To hire foreign employees, employers must follow the legal requirements of migration law. The labor forces need a residence and work permit, as well as their families if they are migrating to Spain as well. Tulp Abogados takes care of the application of the permits and other questions concerning migration proceedings.
How do I know if Private International Law rules my case? In order to know if Private International Law rules your case, take a look at our real life examples:
1. A marriage of a Spanish women and a Dutch man, married in The Netherlands, settles in Spain. The man wants to divorce and need to know which law governs the economic marital arrangements as well as the custody of their two children. This is a case of international family law. 2. The legal consequences of a delayed or cancelled flight are ruled by the European Regulation 261/2004 of 11 February. This Regulation enacts the conditions to be entitled to an indemnity. This is a case of international company law. 3. A Spanish company signs an agreement to buy goods from a German enterprise settled in Spain. Before signing the contract, regard should be paid to which law will be applied on the contract and which judge will have jurisdiction. The agreement can include a law choice and a jurisdiction clause specifying the parties’ choice of venue for any litigation. During the negotiations, this should be taken into account. This is a case of international contract law. 4. A Spanish company sends one of her employees as an expat to Buenos Aires in Argentina. Which law should be applied and which judge has jurisdiction to solve legal problems will be answered by the rules of Private International Law. This is a case of international labor law. 5. An Englishman rents an apartment on the Spanish coast. There is a problem with electricity and damage is caused, but the landlord does not want to know anything about it. This is a case of international renting law.
THREE ANSWERS OF PRIVATE INTERNATIONAL LAW
Private International Law answers three questions:
1. Which country has jurisdiction to judge my case?
In international cases one of the parties involved might prefer to litigate in one country instead of another, because the jurisdiction of this country could benefit his or her interests. That is why it is so important to know which country has jurisdiction and this will be answered by the rules of Private International Law.
2. Which law is applicable on my case?
There are huge differences between law systems in different countries. To know the duties and rights we will have to know the law concerning our case. For example, in Spain it is easier to get a divorce then in countries such as Italy or Latin-American states. Private International Law points out the applicable law.
3. Is it possible to enforce a foreign judgment?
Yes, it is. Once you have obtained a judgment in your favor, it can be recognised in other countries. However, to enforce it, you must ask the court in the country where you seek enforcement to issue a declaration of enforceability and then use the enforcement mechanisms of the country where you seek enforcement. The conditions and proceedings to enforce foreign judgment are ruled by Private International Law.