Included in Spanish Civil Law are precedents forcing a party or entity to do something, comply with obligations, an obligation to act, or “Obligación de Hacer”.
If someone has an obligation to provide a service or to do something and they absolutely refuse to. Then, what remedy does the creditor or person/entity expecting that service have?
Clients often approach us regarding, for example, problems forcing a Spanish Bank to comply with obligations such as cancelling a mortgage or investments. Our article explains what can be done in these circumstances. It gives different options for forcing a Spanish bank to comply with obligations.
However, precedents from Spanish law provide a final solution through the Spanish Courts. Forcing the debtor or party not taking action to comply with their obligations and act.
Our article gives the example of many people trying to arrange the cancellation of mortgages with Spanish Banks. However, this remedy of forcing someone or an entity can also be used for other concepts such as contract law and even enforced dissolution of joint ownership claims. If we write to someone and say you have broken this contract, we can then follow that up with a legal demand. Which would say they have an obligation to comply with that contract.
Of course, ultimately it is through a Court proceeding if formal letters are not successful. As then a Judge will have to decide when and how it is proved that there has been non-compliance. And then rule that they have to act, but in many cases that is very straightforward.