What Is a Certificate of Law?

A certificate of law is a legal report issued by an expert in foreign law explaining to a court, notary, or administrative authority the content, interpretation, and current validity of the law of another country.

It is used when an authority must apply foreign law in legal proceedings, which frequently occurs in international matters such as inheritances, divorces, contracts, or the enforcement of foreign judgments.

In many legal systems, including Spain, foreign law is not presumed to be known by the judge. Therefore, it must be formally proven through documents or expert reports. This principle is established in Article 281 of the Spanish Civil Procedure Act (Ley de Enjuiciamiento Civil).

A certificate of law allows the court to understand how the applicable foreign legal system operates and how it should be applied to the specific case.

What a Certificate of Law Normally Includes

A certificate of law usually contains several essential elements.

1. Identification of the Expert

The certificate must identify the person issuing it, including their professional qualifications and expertise in the relevant foreign legal system.

Certificates are commonly issued by:

• lawyers specialised in the relevant legal system

• law professors

• recognised experts in the field.

In some cases, it may be particularly valuable for the certificate to be issued by a professional qualified in both legal systems involved.

2. Explanation of the Applicable Law

The certificate describes the relevant legal framework, including:

• legislation

• regulations

• case law

• legal doctrine.

3. Legal Interpretation

The report does not simply cite legal provisions. The expert explains how those rules are interpreted and applied in practice within the relevant legal system.

4. Application to the Specific Case

A certificate of law often analyses how the foreign law would apply to the specific legal issue being considered.

5. Statement of Accuracy

Finally, the expert certifies that the information provided accurately reflects the current law of the relevant jurisdiction.

When a Certificate of Law Is Used

Certificates of law frequently appear in legal proceedings involving international elements, for example:

• divorces between people of different nationalities

• inheritances involving assets located in several countries

• enforcement in Spain of foreign court judgments

• international contracts

• cross-border commercial disputes

• disputes concerning international real estate ownership.

They may also be used before:

• courts

• notaries

• public registries

• administrative authorities.

How a Certificate of Law Benefits Foreign Citizens

For foreign citizens dealing with legal matters in Spain or in other jurisdictions, a certificate of law can be essential to protect their rights.

1. It Allows the Correct Application of Their National Law

Many international proceedings require the application of a person’s national law.

For example:

• a Spanish court may need to apply English law in a divorce, or

• German law in a succession case.

A certificate of law explains the relevant legal framework and enables the court to apply it correctly.

2. It Prevents Decisions Based Solely on Local Law

If foreign law is not proven, courts may be forced to apply their own domestic law.

This can disadvantage foreign parties if their legal system grants different or more favourable rights.

A certificate of law allows the court to determine which legal rules truly apply.

3. It Facilitates International Proceedings

Courts and authorities often face difficulties interpreting foreign legal systems.

A certificate of law clarifies the legal framework, helping to ensure:

• a clearer understanding of the case

• correct application of the relevant law

• faster and more accurate decisions.

4. It Reduces Conflicts Between Legal Systems

Legal systems can differ significantly.

For example:

• Common Law in the United Kingdom

• Civil Law in Spain.

A certificate of law helps explain how these systems interact, reducing the risk of legal misunderstandings.

5. It Increases Legal Certainty

A well-prepared certificate of law provides the court with a solid legal basis for its decision.

This particularly benefits foreign parties because it:

• protects their legal rights

• reduces the risk of incorrect interpretation

• improves predictability in legal proceedings.

Certificates of Law Issued by a Dual-Qualified Lawyer

In cross-border legal matters, it can be particularly advantageous for the certificate to be issued by a professional who is qualified in both legal systems involved.

As a lawyer qualified in Spain and a Solicitor of England and Wales, I can prepare Certificates of Law explaining Spanish law to foreign courts and authorities, as well as reports explaining English law for proceedings in Spain or other jurisdictions.

This dual qualification allows the report to bridge the differences between civil law and common law systems, providing courts and authorities with a clearer and more reliable explanation of the applicable legal framework.

Such certificates may be used in matters including:

• international inheritance disputes

• cross-border divorce proceedings

• enforcement of foreign judgments

• international property disputes

• commercial disputes involving parties in different jurisdictions.

Importance in Legal Matters Between Spain and the United Kingdom

In legal matters involving Spain and the United Kingdom — such as divorces, inheritances, or the enforcement of judgments — certificates of law are particularly important.

Following Brexit, many proceedings require the content of UK law to be explained before Spanish courts.

In these situations, a certificate issued by a professional qualified in both Spanish law and English law can be especially valuable to ensure the correct application of foreign law.

Conclusion

A certificate of law is an essential tool in international legal proceedings. It enables courts and authorities to understand and verify the content of foreign law, ensuring that cases with international elements are resolved fairly and in accordance with the applicable legal framework.

For foreign citizens involved in legal matters abroad, a certificate of law can be crucial in ensuring that their legal rights are properly recognised and that the proceedings are conducted with full legal certainty.