Digital surveillance and control of employees: limits and requisitesThe Workers’ Statute empowers an employer to adopt the supervision and control measures that are deemed appropriate in order to verify the fulfilment of the obligations and duties of its workers. However, this power is not absolute, and it is exactly how the Spanish courts understand it.Read more
The sale of property under construction, an alternative to the crisisBefore the economic and financial crisis, the Spanish real estate and construction sectors constituted one of the pillars of the country’s economy and real estate promoters used to benefit from the support of national banks. Because of the crisis, the real estate market has sharply declined. Real estate promoters had to find alternative funding sources.Read more
The sales contract of a property under construction in SpainA sales contract of a property under construction is similar to a sales contract of a future good. The future good is certainly an object that does not exist, but on whose existence the parties have already agreed upon. Consequently, the parties agree on the object of the contract, in this case the building to be constructed, on the price, the rules to calculate the price, the obligations, and the conditions regarding the transmission of the building once it has been constructed.Read more
Gintare Gailiute, October 2016 – April 2017Before coming to Madrid and joining Mariscal Abogados team I expected that half year of internship would pass forever, not even, the time at this international law firm has passed …Read more
Things to know about the distribution contract in SpainDistribution, based on the purchase of goods from a supplier and the subsequent resale of the goods by a distributor, is an effective means of entering a new market through the distributor´s network of local clients.Read more
The sale of properties under construction in SpainSelling a property under construction consists in the conclusion of a sales contract related to a property that has not yet been constructed, but the parties have already agreed on its existence and hence on its creation as well as on its price. Therefore, the parties conclude a sales contract related to a future good which involves its own different characteristics.Read more
Unfair Competition: The Violation of Trade Secrets in SpainThe violation of trade or industrial secrets is regulated under Article 13 of the Law on Unfair Competition and consists of acts of exploitation of confidential information for the benefit of one’s self or a third party. To find a violation of secrets, a number of requirements must be met.Read more
