Private international law does not rule the rights and obligations, but points out the applicable law, the jurisdiction and the conditions for recognition and enforcement of foreign resolutions.

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.

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.

Yes, it is. Once you have obtained a judgment in your favour, 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.

In order to know if Private International Law rules your case, take a look at our real life examples:

International family law

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.

International company law

The legal consequences of a delayed or cancelled flight are ruled by International law. These rules enact the conditions to be entitled to an indemnity.

International contract law

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.

International renting law

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.

These are just some examples. If you have any doubts about your own case, please contact Tulp Abogados (link a contacto o algo que permita contactar)