Dispute Resolution in Advertising Law in SpainThere are several laws related to alternative dispute resolution of advertisement disagreements in Spain. Many measures have been set up so that the claimant/victim in an advertisement law dispute can get the compensation he/she deserves. However, this does not include damages, but mainly measures such as correcting the advertisement that caused the dispute or prohibitions of specific advertisements.Read more
Nullity of the contract of purchase of Bankia sharesIn 2011, the entity Bankia made a public offering of shares (IPO), where the detail brochure, the only informative channel for small investors, distorted the veracity of the entity’s accounts. Five years later, the Supreme Court ratified the nullity of the purchase of shares.Read more
Out-of-Court Settlement & Modification to the Bankruptcy ActAn out-of-court settlement is a legal arrangement between parties outside of court and without a trial. Some of its benefits are the reduction in expenses and stress, its greater privacy, its predictability, finality and flexibility. In Spain, the modification to the Bankruptcy Act has introduced out-of-court settlement as an alternative to contestations and formal refinancing agreements.Read more
The limitation period for actions to reclaim debts in SpainIn October 2015, the limitation period for actions to reclaim debts and obligations involving business relations as well as for the provision of services in Spain has been reduced when there is a contract and law does not specify a particular deadline. This measure will affect numerous legal actions.Read more
How to enforce an EU judgement within the European UnionCouncil Regulation No. 44/2001 contains the rules applicable to enforce a civil or commercial judgement in another European member state. However, Spain, with no bilateral agreements, follows the Hague Convention.Read more
Electronic evidence in the civil and labour sectorElectronic evidence is valid in the Spanish legal system and is admissible in trial if it is relevant and has been lawfully obtained.Read more
Assignment of receivables and legal standing: are there expansive effects of arbitration in Spain?Assignments of receivables is an act where a creditor transfers the ownership of the rights to receivables to a third person.Read more
The importance of expert witnesses at trial determining the meaning of the judgmentWhen judicial proceedings in Spain involve hiring expert witnesses it is important to remember that their performance is one more factor that could tip the scale. Recent judgments are proof of that.Read more
Proceedings in Spain with a foreign elementWith more frequency, proceedings and lawsuits in Spain are with opponents from non-Spanish-speaking states. In such cases, the law in Spain requires the translation of written documents supporting the claim. Failure to do so may underestimate the written evidence and jeopardize the proceeding.Read more
The monitorio procedure in Spain: A fast way to recover debts in SpainThe main objective of the monitorio proceeding is the quick resolution of recovery claims. It has proven to be very useful for both entrepreuneurs and smes in the collection of commercial debts in Spain.Read more