In the Spanish legal system, proceedings can be divided into declaratory and enforcement proceedings (concepts that are included in our Legal Dictionary ). With regard to declaratory proceedings, the Civil Procedure Act, in its article 248 , sets out two criteria to determine the scope of application of these proceedings: one quantitative (by reason of the amount) and another qualitative (by reason of the subject matter), thus we can speak of ordinary trial and oral trial. Therefore, any litigation for which a specific procedure is not specified by law will be processed through the channels of the declaratory process.
In this post we are going to analyze both processes and highlight the job seekers database differences between them, since they are the most well-known and used procedures in practice.
The verbal trial
those disputes that should not be processed in the ordinary trial, that is, those whose amount does not exceed 6,000 euros (quantitative criterion) and as a special rule (qualitative criterion) those matters that the legislator has established that are processed by this process.
This procedure is characterized by being eminently oral, concentrated and fast , with reduced deadlines compared to the ordinary process, and simple. Regarding the procedural application, the intervention of a Lawyer or Attorney is not necessary in verbal trials that, due to the amount, do not exceed 2,000 euros. Likewise, those sentences whose amount does not exceed 3,000 euros cannot be appealed, being final.
The reform of the LEC by Law 42/2015 has affected this procedure and the most significant modifications have been: [su_list icon=»icon: legal» icon_color=»#007c71″]
The defendant's written response is included, which will have a period of 10 days.
Both the defendant and the plaintiff must decide whether the hearing should be held. If neither party requests it and the court deems it appropriate, a judgment will be issued. However, the hearing will be held if one of the parties requests it.
A conclusions procedure can be agreed upon
An appeal may be filed against the court's decisions on the admission and non-admission of evidence.
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Phases of verbal trial
Ordinary trial versus verbal trial
The ordinary trial
It is a declaratory process, as we well know. The following will be processed by this procedure: those claims whose amount exceeds 6,000 euros and those matters that, regardless of the amount, are established by the legislator.
It is a common process. If the law does not specify any special procedure for a matter, it will be processed through the procedures of an ordinary trial. It is a slow, complex, mainly written process , and is governed by the principles of concentration, immediacy and orality.
Law 42/2015, of 5 October, on the reform of the Civil Procedure Act, has hardly changed this procedure. It is regulated in articles 399 to 436 of the LEC.