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.
Author Archive for: Nicolas Melchior
About Nicolás Melchior
Having graduated with a Law degree, Nicolás Melchior specialises in real estate, commercial contracts and ICT law in Spain. Working languages: Spanish, German, English and French. For any query Contact Nicolás Melchior
Entries by Nicolás Melchior
Business succession in Spain must be achieved with a certain degree of care in order to respect all the legal aspects of the acquired company and ensure a peaceful future for the acquiring company. In this way, the social guarantees that are enumerated in Article 44 of the Workers’ Statute should not be forgotten.
Law 34/2002 incorporates into Spanish law Directive 2000/31/EC of the European Parliament and the Council on certain aspects of the services of the information society, in particular in regards to electronic commerce. It regulates injunctions for the protection of consumer interests, as well as the actions and sanctions against behaviors contravening provisions of the Law.
The fight against money laundering focuses on eliminating the laundering of funds or assets obtained through illegal activities. Not only are credit institutions and investment service companies obliged to comply with national and international legislation, but so are notaries, lawyers, and prosecutors.
As an intangible asset of a company, a patent is an economic tool. It provides its owner with a competitive advantage by granting a monopoly that enables the owner to prohibit any use of the invention without the owner’s consent.
A trade mark is a distinctive sign indicating products and services. Registration confers an exploitation monopoly to the depositor who can prohibit use of his or her distinctive sign by any third party. To protect his or her brand is essential; it prevents a third party from taking advantage of efforts invested in the product or service. In Spain, rights in trademarks are acquired with registration. A trademark is protected for ten years and is renewable infinitely.
Spanish judges admitted, subject to fulfilling certain conditions, that personal employee communications contained in a professional computer may be subject to control by an employer. The matter of control of SMS messages on a professional mobile phone, decided by French courts, has not yet been decided in Spanish case law.
For the sake of efficiency and time management, the EU will unify the rules on succession rights of foreigners. Decisions taken by a Member State will be binding everywhere within the EU territories, and will not be subject to further revisions.
Of the various probable instances for the dissolution of an L.L.C. in Spain, some are based on economic reasons (accumulation of losses, capital reduction below a legal threshold, etc.) and others may be due to the behaviour of its partners (paralysis of the company, agreement on the dissolution, etc.).
With the reform of the Spanish Penal Code and the debut of criminal liability for legal entities, the supervision and compliance management allocated to a compliance officer has a significant importance for companies.