Today I want to share a small legal victory that has given me great satisfaction, not only for the outcome, but for the peace of mind we have restored to our clients. Sometimes, in the world of law, it's not enough to be right; you also have to act quickly so that, when the final judgment arrives, it's not too late.
Sometimes, in the legal world, it's not enough to be in the right; you also have to act fast so that when the final judgment comes, it's not too late. Therefore, we are initiating what is called a Provisional Measures (No. 321.01/2023) linked to ordinary proceedings. .
How do we protect a property during legal proceedings?
To prevent the defendant from taking any action that could harm the community while the judge decided on the merits of the case, we requested a precautionary notice of the claim . To be clear: it's like putting an «official notice» on the register so that any third party knows the property is subject to legal dispute.
For the court to grant us this protection, last 5 October 2023, we proceeded to present a Surety (a financial bail) through a deposit into the judicial file account. This is a legal requirement to ensure that the measure is requested on solid grounds.
The ruling of the Marbella Court
I am very pleased to tell you that the magistrate has issued a key order in this case. In her ruling, she has declared that the The security provided by our party is «suitable and sufficient».».
Thanks to this recognition, and in accordance with the provisions of the article 738.1 of the Civil Procedure Law, the court has directly ordered the execution of the measure. This means that:
- A warrant has been issued in duplicate to Land Registry No. 1 of Marbella .
- Will be formally registered precautionary notice of the claim so that it has firm registration effects. .
- Even the fax machine has been used to speed up the process and inform the Land Registry immediately. .
A step forward for effective justice
This success, which was formally notified to us via LexNET on 11th October, demonstrates that legal tools for protecting a community work if they are used correctly. Although the other party still has the right to file an appeal, the measure will be carried out immediately as agreed by the court. .
As I always tell my clients: the important thing is not just to win the case at the end of the road, but to ensure that, when we do win, the objective of the claim is still protected. Preventative justice is the best guarantee for your assets.
Note: The information regarding the facts and legal basis of this article comes from real court documents from the Marbella Court. The narrative tone and simplified explanations have been created for this blog.