Your Local Community Magazine
Page 8 Certificates of Law – By Michael Olmer, Solicitor
Learning the law of one country is the task of a lifetime, given that it is constantly evolving through legislation and the decisions of the courts. When lawyers need to give advice or courts have to make decisions based on foreign laws they often rely on a Certificate of Law (“Certificado de Ley”).
Common situations in which we are asked to provide certificates of English or Spanish Law are trans-national inheritances,
divorces, and establishing
new businesses. The Courts, Registries, or other bodies in England or Spain will require a certificate from a lawyer or Notary experienced in the relevant field, from the parallel jurisdiction as to what that law is, and how it affects the matter in hand.
A Certificate of Law must set out the law at the relevant date and can often be very detailed. Not only that, but the lawyer or Notary who prepares it takes personal responsiblity that it is correct.
The decision of the Spanish Directorate of Notaries and Registrars, DGRN, concerning an inheritance of a British man (No. 10140 of 13 August 2014) specifically commented on the failure of the Spanish Notary who prepared the inheritance deed to include proof of English law. This resulted in the Spanish Land Registrar refusing to accept the application of the heir for registration of their ownership of the deceased’s property.
If the Certificate is to be used in a foreign country it must usually be “legalised”, that is the signature and seal of the lawyer of the Notary that prepares it must be officially verified. In the UK it is the Foreign and Commonwealth Office that legalises all documents. In Spain it is the Ministry of Justice in Madrid, and the Judicial Secretaries of the High Courts of each autonomous community, depending on the type of document. It is also possible for documents to be legalised electronically, as well as on paper. Each legalisation bears a unique identification code so that it can be checked that it is genuine.
If you are involved in a Court Case or any other procedure where you have been asked to provide a Certificate of either English or Spanish Law, in Spain please contact Ana Gay, Linkpoint Legal 96 626 0500,
anagay@linkpointlegal.com or in the UK Michael Olmer, Clapham & Collinge Solicitors 01603 693592,
mo@clapham-collinge.co.uk.
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