La Sala 1ª del Tribunal Supremo ya no es competente para conocer del reconocimiento de las resoluciones judiciales y arbitrales extranjeras

Zusammenfassung

Almost hundred fifty years have had to lapse so that the first state legislative change takes place in matter of recognition and execution of foreign judicial and arbitral resolutions. The present paper analyses this reform by means of which competence is attributed to the 1=` Instance Tribunals. Initially we leaves of the exam of two essential norms: on one side, of the article 85,5 of the LOPJ, edited by Organic Law 19/2003, and, on the other hand, of the article 955 of the LEC 1881, edited by Law 62/2003. Later on, it's investigated about the innovation of the new measure with regard to international laws with an institutional and conventional origin so those with a multilateral brand as in the bilateral agreements. With this comparison it's demonstrated that an adaptation process has started from the internal regime to the regime foreseen in the international laws; and, finally, some reflections are made on the recognition of foreign judicial decisions about divorce and its incidence in alienage law making reference to the next substitution of the EU Regulation 1347/2000 for the EU Regulation 2201/2003. Also it's included a bibliographical, legislative and jurisprudential supplement.