Jeroen Kaarsgaren, Frebruary – June 2014
After a full-time period of almost five- months, I finished my internship at Mariscal Abogados. I studied law in Amsterdam. In this period, I not only learned how to put …
How to execute a will in Spain
Articles 657 et seq. of the Spanish Civil Code regulate Inheritance Law in Spain. It governs the transfer of a deceased individual’s assets, rights, and obligations to the heir, either through a will or applicable provisions in the absence of one.
The extrajudicial payments agreement procedure in Spain
In Spain, a natural person debtor requests a bankruptcy mediator from their local notary, while entrepreneurs or legal entities approach the Commercial Registrar at the registered office. The request for an extrajudicial payment agreement includes financial details, creditor lists, current contracts, and anticipated monthly expenses.
New Debt Settlement Procedure for Entrepreneurs in Spain
The Entrepreneur Support Act (Law 14/2013), effective from September 27, has brought about reforms. Notably, it has increased flexibility in the quorum of financial creditors for court approval of refinancing agreements. Moreover, regulations now govern extrajudicial payment agreements as tools for negotiating with creditors outside the judicial process.
Approval of the Royal Decree Developing the Mediation Law on Civil and Commercial Matters in Spain
The draft legislation introduces reforms and guidelines for corporate governance that would promote initiatives to emphasize: the shareholders’ meeting to intervene in the management of the company; the separation of the voting on agreements on issues that are substantially independent; the extended deadline for contesting social agreements, etc.
Inheritance in Spain as a Result of the Death of the Heir
On September 11, 2013, the Spanish Supreme Court issued a ruling that upheld the doctrine on provisions of Article 1006 of the Spanish Civil Code. This Article provides that the …
Indemnity for Recovery Costs
Article 8 of Law 3/2004, of December 29, establishes measures against default in payments in commercial operations. Similarly, Article 6.1 of the Directive 2011/7/UE of February 16, 2011 states, When …
Spain publishes the new special VAT cash regime’s rules
The new VAT cash regime allows business owners to pay the tax when it is effectively paid rather than when the bill is issued. This option is available to small and medium sized companies as well as self-employed persons with a total revenue of less than 2 million euros.
Court Fees: Payment by Foreign Companies and Non-Residents in Spain
On November 21, 2012, the Spanish Legal Bulletin (BOE) announced the Law 10/2012 of November 20, which regulates certain fees in the area of the Administration of Justice and the …
Growth of mediation in private law in Spain
The Decree clarifies the Law 15/2009, 22nd of July, on mediation in private law. The Act responds to the need to expand mediation by opening up the possibility, in private …
