SPAIN Law and Practice Contributed by: Alfonso López-Ibor, Pablo Henriquez de Luna, Virginia Jover and Carmen Serrano, López-Ibor DPM
At the trial, the judge may question the witnesses or experts summoned to testify in order to obtain clarification or additional information. The court may also question the experts regarding the conclusions reached in their reports. In civil proceedings, all judgments are issued in writ- ing at a later date as Section 210.3 expressly forbids oral judgments. 7.8 General Timeframes for Proceedings While the SCPA provides some timeframes that are theoretically mandatory, they deadlines are rarely respected and, in practice, courts schedule hear- ings and issue judgments at their convenience. The duration of proceedings depends on several factors, including the complexity of the case and the workload of the court, meaning that it can range between one to three years in the first instance. Court approval is not required for the settlement of a lawsuit, but it is advisable, since the approval renders it automatically enforceable in the event of a breach. 8.2 Settlement of Lawsuits and Confidentiality Parties to a proceeding may opt for the settlement of lawsuits to remain confidential by including a confi- dentiality clause in the settlement agreement. 8.3 Enforcement of Settlement Agreements As explained in 8.1 Court Approval , if the settlement has been validated by the court, it may be automati- cally enforced within the same proceeding. On the other hand, it the agreement has not been approved by the court, a new lawsuit must be initiated in order to compel the fulfilment of its terms. 8.4 Setting Aside Settlement Agreements Under Spanish law, settlement agreements are not treated differently from ordinary contracts. If the court has validated a settlement and a party does not comply, the aggrieved party may ask the judge to enforce the settlement by using all the avail- 8. Settlement 8.1 Court Approval
able measures until the terms of the agreement have been complied with.
9. Damages and Judgment 9.1 Awards Available to the Successful Litigant A successful litigant may request and be granted: • a declaratory judgment (ie, the acknowledgment of a right); • a judgment that orders or prohibits a party to carry out a specific act; • a judgment requiring payment of a sum of money; • a judgment imposing an obligation to deliver some- thing other than money; and Punitive damages are not recognised in Spanish law. Compensation for damages – either material or moral damages – is the general rule in Spanish law. Dam- ages are calculated based on the actual harm caused to the aggrieved party and include both the actual loss (damages) and the loss of profit that the party suffered, provided they are duly evidenced. Spanish law does not allow compensation for future damages. The Spanish legal system allows the parties to agree on liquidated damages by the introduction of penalty clauses in contracts. However, when a penalty clause is included in a contract, the party that benefits from this cannot request additional damages compensa- tion, as its compensation is limited to the amount agreed in the penalty clause plus any accrued inter- est, unless otherwise expressly agreed in the penalty clause. These clauses can be moderated by the court if deemed excessive and providing this allegation is made by the affected party. 9.3 Pre-Judgment and Post-Judgment Interest The party whose monetary claim has been upheld may collect interest accrued both before and after the judgment is rendered. • a judgment imposing a penalty. 9.2 Rules Regarding Damages
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