Legal Definitions - fallo

Fallo is a term used in Spanish law that refers to the definitive and binding part of a court'sjudgment. It is the specific ruling or order that dictates the outcome of a case, outlining what the parties involved must do, or declaring their rights and obligations. Essentially, it is the court's final decision that carries legal force and must be obeyed.

Here are some examples to illustrate the concept of a fallo:

• Example 1: Civil Dispute over Property
  Imagine a Spanish court hearing a dispute between two neighbors over the exact boundary line of their properties. After reviewing all evidence and arguments, the court issues its judgment. The fallo in this judgment would be the specific, legally binding declaration of where the property line lies, perhaps ordering one neighbor to remove a fence that encroaches on the other's land. This part of the judgment is the definitive resolution that settles the dispute and dictates the required action.

• Example 2: Commercial Contract Breach
  Consider a case where a Spanish company sues another for failing to deliver goods as per a signed contract. If the court finds in favor of the plaintiff, the fallo would be the specific order for the defendant company to pay a certain amount in damages to the plaintiff, or perhaps to fulfill the contract by delivering the goods within a specified timeframe. This is the actionable directive that resolves the commercial disagreement.

• Example 3: Administrative Law Challenge
  Suppose a citizen challenges a decision made by a local Spanish government authority, such as the denial of a building permit. If the administrative court rules that the authority's decision was unlawful, the fallo would be the specific order to annul the authority's original decision and perhaps compel them to reconsider the permit application according to legal standards. This demonstrates the fallo as the court's final word on the legality of an administrative act.