How to oppose to a Provisional Monetary Execution in Spanish Law


According to the Ruling of AJPI No. 8 Murcia, 10.26.10, the Court accepted the opposition to a monetary conviction (“money execution”) due to the risk of insolvency of the executor, replacing the seizure with bank guarantee.


According to this sentence, the executed party opposed specific measures for the execution of a monetary sentence, alleging that these executive actions, specifically, the seizure of assets owned by them, would cause a situation absolutely impossible to restore or financially compensate through compensation of damages, under the terms provided in articles 528.3 and 530.3 of the Prosecution Civil Law, and this based on the fact that the provisional executed is inactive due to a crisis situation that they recognize in the application for employment regulation made to the Provincial Delegation of Granada ... therefore, it was requested the replacement of the agreed executive measures (the seizure of existing balances in different bank accounts until the limit of the amounts set for principal, interest and costs) for the consignment of the amount dispatched to the court's account, or alternatively, the provision of bank guarantee for the same quantities.


As expalined, articles 528.3 and 530.3 of the Spanish Procedural Civil Law are already mentioned in this clear precedent regarding an opposition to a “money execution”, but let's see specifically now article 529 regarding the deadline (as it is a very short one and it's not usually laid out clearly and specifically in execution dispatches in the very document but it's a definitely binding deadline):


Term and form of opposition (art. 529 LEC)


"The deadline to formalize the opposition to the provisional execution is 5 days from the notification of the execution dispatch or the specific executive measure (s) to which we oppose.


Once the opposition has been formulated, the executor and the other parties in person will be notified so that within a period of 5 days they can formulate the allegations they deem appropriate."


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