Principles of International Services
The purpose of this letter is to present their arguments to convince you and invite you to contract us for the service of judicial documents, commercial or Civil Jurisdiction of the European Judicial or Extra. I mean Agreements provide the legal arguments and logical enough about our "hybrid system".
Personal Process Services International (IPSOP) is one of the services of Joseph A. Cuétara in practice, international law attorneys provide litigation support services, as well as regular legal services in the EU. Our services include service of process, taking statements or evidence, Law cameraman, collection, recovery or enforcement of the judgment, Legal Research, exequatur, Inter cultural adaptation (ADR-Mediation, transactions, reconciliations and arbitration) in short, all aspects of personal relationships in different international Hague Convention. We are legally registered and insured lawyer has physical offices in Spain and France, and by the Treaty of Rome, creating the European Union, we are authorized to practice law in all EU jurisdictions.
There are two basic methods to choose from when submitting documents to the European Union, the second method, proposed by the Hague Convention of 1965 and have the same legal value, there is a hierarchy among them, but one that is more reliable than others, essentially same legal effect. We propose a third method, a mixture of the above we call "hybrid". Does the Hague Convention or other methods used irregularly.
Proceedings of the legal basis of the Hague Convention, is as follows:
One, the public service "Administration of Justice" called "centralized authority" to use "government" to send the document. , In principle, a free service but never stopped Intergovernmental economic barriers with high probability that there is no agreement.
Two, the use of a service provider, an alternative method, the so-called "decentralization", use the "private international process server", "mail" or "local official court", all under the rules of the Convention Hague, art. 10. Varies with the application of the opposition in the country. As a private system, which will be paid, and therefore to the market and quality control.
International Service of Process, by any method, was ruled by two different systems of law, bound by the Hague treaty. Basic Law, the "Lex Fori" is a legal document in which the problems and learning occurs, "Lex fori forum". These rules establish the service process and the recognition of the validity of the "Lex fori forum", but not necessarily its effect and legality in the jurisdiction where the document was delivered, "lex loci". Identification and application of the "lex loci Forum" is bound to respect the domestic law of civil procedure and the procedure of "exequatur" after each "lex fori" and "Foum" allowing them to determine their needs "acceptable service", but is not limited to force use their space to other countries, so of course note: actions completed notification under different legal systems with different exigences, the people of a sovereign state to be considered on the basis of international agreements and for future application.
Based on the principles of international law, it can be said that "lex fori forum" can not accept "illegal aliens method acting," illegal aliens procedure. If not "Lex Loci forum" does not implement the decisions taken in this situation because there is, we must act in harmony with local codes and procedures of the Hague Convention and not only its own laws. Otherwise, the task you are involved in a criminal or civil.
Centralized procedure seems to be adequate and reliable, but is not mandatory and exclusive, as described in the Hague Convention itself (State's1 visit the Department's website for more information.) Therefore the "Central Authority" is not the only body that suggested that the document is available to serve overseas as a public trust or promoted by many translation companies to create malicious server or who took advantage of ignorance " , sound Populi "agreement to sell Translations and Apostilles.
Fortunately for the professionals, there are a number of alternative channels or decentralized, art. 10 A, B and C of the Convention, often more reliable and ever more quickly and efficiently. Methods for rent must not conflict with the second law of Civil Procedure jurisdictions involved and both must sign, as described in the art. 5, b. It is the law of harmony "lex fori" and "lex loci". Must simultaneously apply the law to serve.
Acceptable to all signatories techniques "centralized" and not receive all the channels of all "decentralized". In Europe most countries receive either once. The reason is that most people believe that there are no alternative methods and decentralization. This text should not be interpreted or applied the law correctly, because the end as "fraud of international law" and the service can be canceled or revoked.
This method is based on the freedom of the Convention "International Civil Procedure Freedom", as expected the 1954 Convention provides the flexibility for 1965. Both evolution and their application and interpretation of the case law has given a positive empirical results. Mondialisation process, which requires a fast information exchange and analysis of judicial agreements with him. World trade has opened the door to a more efficient and faster way to testing and delivery process, making profits of time and money by reducing "red tape". Still, there are limits to this freedom in critical approaches and the need to eliminate some unreasonable requirements such as proof of a new service or legality risky choice given the defendant to refuse service if the document is not translated and is not useful because there are differences between individuals or services for multinational companies, assuming anti-war over and see you later ..
Hague Convention centralized procedure, like many "loophole" or chronic disability: the main thing is that the free services of a government that does not use 'quickly Independent subpoenas ", as requested by many courts and litigants, the This method is often inaccurate and misleading. This encourages the use of translations and content of the call is expensive to test the legality before being shipped. Makes it necessary to slow down and therefore not adapted to the modern international tribunals. It is also contradictory because under the veil of gratification there are a number of unnecessary expenses that result in costly services, increased use of private channels. I guess it was not necessary to promote the translation because, if the document is not translated, the defendant may refuse service and, in some cases, the central government can not test its legality, Section 5 ..
It is recommended not to translate documents unless you do it correctly with the proper qualifications. As a precaution, if you make the translation to avoid "impossible" problems in the future, the translation itself is easy to "question" the enforcement court because the European court accepts only certified translation of the person can provide for the necessary legal guarantees, either through certification and / or registration. Considering only those who are registered every year by a different court or the Ministry of Foreign Affairs. make a reliable translation. There are other "diseases" that appears in the home jurisdiction, but remained in the house.
Moreover, the fundamental weakness of using a centralized system is the need of the exact address of the defendant. One problem, as there is no possibility of "find the defendant" or "Skip Tracing". Central Authority does not "look" for individuals or companies. If the defendant's address is changed or incorrect address, is a tourist or illegal, services and limped backwards, wasting time and money sending it back to the starting point for the implementation of the court. What is interesting is that the situation of the company may change the address of the registered office and have no direct obligation to notify changes in the commercial register. The central government will not pay the cost of such access in the commercial register.
Another flaw in the need to "Privacy Policy", a concept that is understood in different ways in different countries: Court Usher or local officials to implement the Code of Civil Procedure and the local special instructions received from foreign jurisdictions.
In practice, what is understood at common law "Personal" is understood in Europe as a "substitute" and the problem increases if we distinguish between the services of the service people. When the carrier must be completed in a private person has the power to represent the company, which means "officially" on the commercial public record. Therefore, the service at the front desk, a secretary, gardener or an employee of a company, "alternative service". For individuals, the most local laws allow agents leaving the document at the specified address or leave a note on the door equivalent. Officially, it is not necessary to understand the hierarchy of the Hague Convention on this point and you need "lex fori forum". Click for service in the center of power, because all our laws do not always apply to other jurisdictions suggest.
Therefore, he said, the use of "centrally" impossible "urgency and persistence," efficiency is not good and that, through the use of a personal private server, you can get the best results have legal security services and what is most important, your enemy will be nice to you and make sure your case.
Explain the reasons given why lawyers use most often as many to many "tricks" may or patch to remove the barrier method "mean" I do not blame them. Sometimes using "agents" who often is the law of domestic workers, gentle company "tasteless" translation or a local private detectives. The fact is that in the long term, not just that they are a waste of time and money, but you are responsible for international law fraud, defamation, illegal practice of law, Apo secret ... and to complete the statement or claim if challenged, do not pass judgment obtained "exequatur" (Enforcement).
There is no doubt that it is, that ignores European law, image and privacy rights, among others, may occur and may have unintended consequences. Considering legislation that service will be completed in this manner as a regular applicant and obligations involved.
The "Lex fori forum" and "plaintiff's attorney" be ex lege to honor the legal requirements lex loci or the jurisdiction in which the document was submitted and it starts at home with a secret, the secret and accurate translation of the document as a fundamental right of the defendant.
Service of process must protect foreign defendants. It is my understanding that the server process "lex fori" no Certificate Translations society and even, with offices in Europe and other intruders chain to affect international litigation.
There, a series of channels in "alternatives or methods of decentralization", more reliable and more efficient to offer, this method replaces the outdated center.
Centralized Process Services has the following features:
Translation:
one. High Cost
b. No need to
c. There is no difference between Individuals and Companies
Two. Speed ​​of service: Slow and easy to cripple
Three. Consideration Before legality
one. Slow down
b. Contradictory
April. Right Direction
May. No Personal Services
6. No Courtesy
7. None of confidentiality
Alternative Method of Process Services International The Hague
An alternative method for collecting channel, use them to have the same value and legal effect as a "centralized", you say "Lex Loci" has presented no opposition expressed to them. There is no hierarchy between "centralization" and means "decentralization."
Arts. 10 by Currier Service, UPS, FedEx, DHL, mail, fax, internet (email or messaging), as confirmed by various law can not trust her, even if you are contemplating and accepted in some countries. The reason is that they lose the "legal guarantees delivery of content" violates the principle of the equal and fair assessment. Channels can bring the accused to "do nothing". Therefore largely regarded by the law as "proof of address" test this disclaimer. This allows the Article 10 of the Hague Convention, but requires some additional logic for "legally binding" does not even show the Convention. In fact, one can give a page Blanc by mail or fax, because no one will study the content and obtaining a default evaluation. Therefore, I suggest that the "Certification of Content" requires either delivery or Jurisdiction Jurisdiction by the qualified beneficiary, but by a qualified professional, with the title of "public trust" not fax the receipt the affidavit.
Understand that the purpose of service of process in other countries to send information, a legal notice to the defendant, that tells a "cause" which is part and can have serious consequences legacy of his father, the rights and obligations as they do in their own jurisdiction.
It must be respected and protected by the rule of law of art to avoid arbitrary enforcement and fraud of international law on the right. To avoid this, the Hague Convention channels this notice to consider the internal law of Art. 5, but does not provide a way to control or appellate procedure. Force protection of the rights and obligations of the defendant and the plaintiff, but do not say how it could happen. Please specify if the notification is made, but if done correctly. Service by mail, fax or e-mail is a very fine line to be avoided ..
It is a symbol of alternative channels "free shipping", but go to excesses, such as email, the reason why the process of decentralization, misunderstood by many legal attorney general. Translators and Private Agencies. This happens because the "service mechanism" to implement and use has become a "know" which sounds logical, is not consciously applied in violation of foreign law. Professionals have been using what they know, as a reflection, using the same attitude at home and abroad should be sent notification Josh. These results, carried out, or simply unable to challenge the judgment recovery service. The difference must be made between surface and process service process International Services and respect international justice even if the effects of their decisions will remain within the jurisdiction of an international service that you do well, something that international law is only goodness.
The philosophy and rational explanation, is the concept of "public trust" is very different from each culture and its legal system. Think of it instead of Europe - not government ID card in the common law countries, there is no middle ground and / or registration of the property, sometimes the Notary, Process Server is simple individual and / or translator with minimum requirements. In Europe veterans, all "suspect" and because it is surrounded by high security laws imposed by the state for the "crime or criminal level" to avoid "misunderstanding", "fraud" , "align" or ";; abuse."
In Europe. service processes, both for internal purposes or foreign courts Destination International, considered penetration "Jurisdiction Power", once completed is actually a "power grab" on the server. In Europe. Summary driven legal representation and consulting, as, since the traditional and medieval, with a variety of "Company Law". Private institutions are exempt from the basic requirements.
Relevance of the legal profession are the "Huissiers of Justice", "attorneys", "Websites Judiciary", "Bar", "Avocats", "Advogados" .... Unlike countries common law, where almost all the mentaly able to do "the content of the legal action and power." Please know that only a qualified legal professional can serve well and is legal in most of Europe, as only professionals who can offer "Ex-lege" legal guarantees necessary and required. Services by "Agent" as it is known in common law does not exist in Europe and the Hague Convention, but the use of this service is used by the agent does not rise to the legal stage.
Logically explain: If the law of a country for services of Civil Procedure provides processes, internal procedures which require a guarantee of public trust, provided only through the use of professional qualifications, how can, for the Service International, you can expect to use one? An agent? In conclusion: When in Rome, do as the Romans!
We must distinguish between the centers of power, or by a server communication and reporting processes or services to the defendant. One is part of the body and the other defendants. The communication server before the Central Authority in any way, even e-mails.
Note also that the Hague Convention requires that the service process to have two explicit and implicit admission requirements: voluntary and conscious. It can be compared to "bilateral obligations Civil Law" (See Section 5 (b) of paragraph Hague Convention). Therefore, if the defendant is "able to understand" what you got, viced and services "Defendants may refuse service." ". Able to understand "If the document is not translated accused of not knowing the feeling of a foreign law or the ailing economy, but there are some conclusions: If the defendant is not multilingual lawyers served and the right time service is recommended or if the document contains and Legal Notices and therefore the defendant "helpless procedure" and therefore the service process is invalid and useless.
Services for international commercial enterprises, under the Hague in 1956 for "recognition of the Company" should consider speaking with jurisdiction in the business they bring and know the law. The Hague Convention does not distinguish between the services in accordance with the defendant, individual or company. Therefore, consider the Hague and put obstacles in the service of the company, because the applicant had to translate the document. Logical that the company does not have to use a central authority, do not need it.
Hague Convention suggests "voluntary acceptance" as a condition of service, this does not mean that "the systematic anytime and commercial advantage or civil impunity negative." In a sense, the notice by certified mail, email , fax and other services of unilateral action, which can be considered the defendant "Application" for service, have the common denominator that the defendant did not voluntarily converted to accept, because he received something with unknown contents. It was found that the content and later received the first, compared with the Hague Convention to justify how the channel and also to verify the address but not the service.
Finally, certified mail, e-mails and faxes are not the right way to deliver and receive the Court rejected correctness of the defendant, unless they are restored by an affidavit of a qualified service professional.
"Service Agent" as understood in the common law, is not defined in the Hague Convention on service of process, this is another automatic reflex and is used by many attorneys general. Is required to translate documents institute as agent used, often talking lawyer who need the service. Usually it is a foreign citizen in the service of the state, sometimes illegal, but in any case do not qualify for this type of work. Give them a service "vibration" is based on the fact that spoken language service requires prosecutors and dare to break all kinds of laws, moreover, most of them have nothing to lose ..
The "dealer delivery process" translates to increase revenue and reduce the possibility of challenges to the service in the future. In most European countries, will not be considered. "Security Act", which occurs only in, and managed by registered professionals and insured, recognized and controlled by the government and are grouped in associations or companies that presented ethical strict controls specifically: an agent is an insult to law and order. The rules and laws protecting confirmed "the rights of those accused of" "quality and qualification" anti-poor server "stupid" or someone here or there, the intruder, by "a handful of dollars "issued a statement. Therefore, the Service "Agent" Maybe if and only if the agent to be used is the professional quality legal services in the country.
It's an interesting story, I came across an "international service of process in Spain" also made the service "plumbing" of the same office, the company run by criminals given a written statement to the service until the finish without address or the people he had ever seen.
It's a shame that the judges and lawyers in North America often receive, process for international services, the written description does not offer a warranty or have an important "public trust", looked down and not respecting the rights of defendants and legal procedures of foreign countries. In fact, the use of an international process service, are ignoring justice and respect for international and national law. To provide a suitable method must respect foreign law! You should understand the concepts involved in Europe "Notification Methods" and respect the "Justice".
Finally, the art. 10 C, regarded as the judicial officer or bailiff "Agent". Service agents served dependent persons: Physical or legal. In some jurisdictions, companies must serve "officially registered" as it appears in the trade register of the country or the legal department or the representative of the central office and the service from the list if no replacement services (person or company can serve in the office of his lawyer). If individuals, organizations can deliver to your home or workplace., But not in public places.
One of the advantages of the Hague Convention requires that the correct address for the service, which means that the applicant must have the appropriate information. This requirement the plaintiff's rights as a legal professional qualified to act as an agent to complete the service in two directions in order to avoid the defendant impunity be reduced, he said that the delivery address on a warrant or a summons and legal domicile today.
Services will be resolved through direct instruction Judicial officers of a bailiff, Article 10 C of the Convention, to use as a body and as a server, but they will give the morning "the Act" or language official documents of state, have to pay for translation into English and eventually legalization signatures supplent. Hydrid Services we take care of everything.
Note, the principle in Europe is the "protection of the rights and obligations of the litigants' due diligence is completed with quality and integrity, and can not be invoked by" affidavit "was obtained professional in the absence of clear price will take to the courts or the cost of equity.