Nicolás Melchior

Legal Framekwork of the SOCIMI in Spain

In order to boost the real estate market in Spain, the figure of the SOCIMI (real estate investment company) emerged in 2009. These are listed companies that principally carry out the acquisition, promotion, and restoration of leasehold urban assets.

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Construction Developer’s Duties and Responsibilities in Spain

The figure of the construction developer was not defined uniformly in Spanish legislation until the entry into force of the LOE. Article 9 establishes that a construction developer is understood as a promoter and what his obligations are, while Article 17 determines his civil liability regime.

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Building agents in Spain: definition and types

The Building Regulation Act (BRA) in Spain establishes in article 8 that all people involved in a building process are to be considered building agents. It is worth considering who is classified under this condition as well as the different types of building agents in Spain.

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The advantages of arbitration versus judicial procedure

Arbitration, as an alternative to judicial procedures for conflict resolution, has certain characteristics that make it highly recommended. Its advantages are, on the one hand, the quickness of the procedure, and on the other, the freedom that it offers in choosing the way in which procedures are conducted, such as the language, the place or the regulations applicable to them.

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The Validity of video surveillance evidence in Spain

The latest Supreme Court’s sentences validate video surveillance evidence under certain circumstances and after fulfilling specific formal requirements, such as proportionality and notification to the employee, as a fair cause for disciplinary dismissal.

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The nature of penalty clauses in contracts

Penalty clauses in commercial contracts are extra obligations provided in the commercial contract. Their increasing use aims to ensure compliance with the primary obligation in that incompliance allows for reimbursement.

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