Jurisdiction for the modification of foreign judgment measures already recognized in Spain and trascendence of the judicial assessment of contradictory translations, concerning the judgment of AP Barcelona January 10, 2020

Abstract

In this paper we analyze various procedural aspects of great interest resolved by the sentence of the Provincial Court of Barcelona January 10, 2020. First, the competence for the modification of a foreign judicial resolution of measures regarding a minor, already recognized in Spain, in which the minor’s place of habitual residence continues holding international jurisdiction in application of the 1996 Hague Convention on parental responsibility and the Regulations 4/2009. Secondly, the requirements for the consideration of rebellion contained in the Bilateral Agreement of 1997 between Morocco and Spain. And, finally, and especially interesting for its effects, the judicial assessment of the contradictory translations of foreign judgments.