Commercial contracts in Spain are governed by the Code of Commerce. Knowing its legislation is fundamental to carry out any operation in a secure way such as acquisitions and sales of companies, joint ventures, OPAs, OPVs, commercial sales as well as any kind of contract (representation, commercial distribution, national sale of merchandise, intra and extra EU, etc.).

Measures of Support for Entrepreneurs to Stimulate Growth and Job Creation in Spain

The new Law 4/2013 (February 22) provides measures of support for entrepreneurs to stimulate growth and jobs.  The new law became effective on February 24, 2013. The following are measures of support that the new law provides: Incentives for: Taxation of entrepreneurial activity at a tax rate of 15% for the first € 300,000 of […]


Keys to Draft Franchising Contracts in Spain

Franchise is a term, now incorporated into our vocabulary, to designate a new form of business.  This business type is based on the transfer of a foreign-business model of transferring rights from the Franchisor to the Franchisee including the rights to the brand of the business, its distinctive signs, business models, industry secrets and other […]

Amendment of Law for Consumer Credit Contracts in Spain

Under the Law 16/2011 of 24 June of consumer credit contracts, the Spanish Ministry of Economy and Competition incorporated into the Spanish legal system the Directive 2008/48/EC of the European Parliament and of the Council of April 23, 2008 on credit contracts for consumers. The Directive aims to increase consumer protection and ensure that consumers […]

Parliament Approves European Union Unitary Patent Rules

After 30 years of discussion, there is finally good news for European Union (EU) inventors interested in obtaining a unitary patent. This new patent will be less expensive and more effective than current systems in protecting the inventions of individuals and firms.  It will also provide automatic unitary patent protection in all 25 participating EU […]

Reform of the land transport management in Spain

This Reform of the land transport management in Spain aims to improve competition and business efficiency in the transportation sector and achieve optimization of road-passenger transport utilities. Within this article you will find a summary of the Reform. Owing this Reform, it will be possible to carry out all types of transportation-related activities with one […]


The Recognition and Enforcement of Judgments in Spain

On December 12, 2012, the European Parliament and Council issued a new European Union (EU) Regulation, Number 1215/2012 on the jurisdiction and recognition and enforcement of judgments in civil and commercial matters. This new Regulation replaces the previous one (44/2001, of December 22) on these matters. The Regulation applies to legal proceedings occurring on and […]

Elimination of licenses for store openings for businesses in Spain

In the Boletin Oficial del Estado (the BOE, or Official Reporter for the State) published on May 26 the Royal Decree-Law 19/2012, of May 25, on urgent measures to liberalize trade and certain services, which was put into effect on May 27. Among other objectives, the standard aims to reduce the administrative burdens that hinder […]

Contract Spain

New Incoterms Rules for International Contracts

Incoterms are trade terms arising from business practices whose scope is limited to the rights and obligations of sellers and buyers in sales contracts. They are not laws, but rules and recommendations which facilitate international commercial trade. Incoterms rules were first published in 1936 by the International Chamber of Commerce and in general are reviewed […]

Inversión internacional en españa

International distribution contracts within the European Union

In this Article we will discuss the principle types distribution contracts, specifically the contracts by which one company (the principal employer or grantor) sells to another (the company distributor or dealer) its products for distribution in the market. This is a widespread commercial formula used to facilitate the entry and placement of products in international […]


The Convention on the International Sale of Goods or CISG

Introduction This short article intends to introduce the Convention on the International Sale of Goods (CISG) and illustrate its common-law differences.  Therefore, this article may be informative for foreign companies who engage in international contracts for the sale of goods with companies residing in common-law jurisdictions. Knowledge of the common-law implications of the CISG can […]