Juan Antonio Montoro Cavero, lawyer at the Afianza Legal Department of Procedural Law, analyzes the legal consequences arising from the negligent or malicious attitude of the recipient to a notification, especially when he refuses to receive it or fails to respond to collection notices.
These behaviours can be decisive for the effectiveness of key communications in the legal field, such as interruption of prescription, exercise of reclamation rights or recovery of rented housing.
The recent Supreme Court ruling No 4681/2025 reinforces a consolidated doctrine imposing on the addressee the duty to cooperate faithfully in the receipt of notifications, preventing the fulfilment of legal or contractual obligations from being left to its discretion.
Likewise, the entry into force of Organic Law 1/2025 has increased the relevance of notifications, by linking them directly to procedural requirements, the interruption of the statute of limitations and the suspension of the expiry of actions, consolidating them as an essential element in the current legal traffic.
You can read the full article in The Economist.
