Actos de comunicación de tribunales españoles dirigidos a litigantes estadounidenses en procesos civiles y mercantiles
ISSN: 1989-4570
Year of publication: 2009
Volume: 1
Issue: 2
Pages: 339-356
Type: Article
More publications in: Cuadernos de derecho transnacional
Abstract
�When a Spanish court has to transmit a document to the United States for service, it must observe the rules of the Hague Service Convention�. The United States has not made declarations against the use of any of the mechanisms provided for under the Convention. Besides their legislation contains no express prohibitions against service of foreign process in its territory. That does not mean that any service will be considered valid by the U.S. courts at the time of recognition of the judgment. Therefore, when opting for a particular channel of service, the Spanish authorities must not only take into account the speed of communication but also the requirements of due process and its interpretation by the courts.