ABSTRACT
The recognition and enforcement in Spain of judgments issued by foreign courts are regulated in the Civil Procedure Law, specifically in Articles 951 to 958. The requirements in relation to and proceedings for obtaining the exequatur are generally discussed by reference to three separate criteria: the treaty criterion; the positive reciprocity criterion; and the negative reciprocity criterion. At present, treaties concerning recognition and enforcement of judgments in force in Spain include both bilateral and multilateral agreements. The domestic procedure of the 'exéquatur' is the procedure determining the conditions in which enforcement may be granted under the Civil Procedure Law and acts as the default procedure where none of the above criteria are of application. The provisions of the law, doctrinal views as well as the principle under which the subject matter of the trial is to be determined by the parties govern the use of the confirmation procedure provided for in the Civil Procedure Law.
