Mariscal attends the ItechLaw European ConferenceMariscal Abogados attended the European Conference organized by the International Technology Law Association (ItechLaw). The event took place in Paris from 15th to 17th October 2014 and was attended by …Read more
Unapproved Refinancing Agreements in SpainA new regime is being introduced in order to give some unapproved refinancing agreements judicial validity. The new regime will enter into force before the effective date of the Real Decree Law; however, the previous regime will still apply unless the parties choose otherwise. Read more
The Dissolution of a Company in Spain due to LossesThe dissolution of a company in Spain as a result of losses, in particular in times of an economic crisis, requires certain procedures to be followed. The Corporate Enterprises Act (LSC) highlights different methods of dissolving a company depending on what type of company it is.Read more
Foreclosure Procedures in Spain are Contrary to European Union LawThe judgment of the European Court of Justice of March 14, 2013 declared that the measures in Spain that regulate foreclosure proceedings for default of a mortgage are contrary to the European legislation on consumer protection.Read more
Features and benefits of part-time contracts in SpainAn employment contract is a part-time contract where there exists an agreement to provide services during a certain number of hours a day, week, month, or year minus the number of working hours of a comparable worker employed full-time. Part-time contracts are attractive alternatives to reduce labour costs for employers.Read more
International Taxation and Customs Control in SpainRegarding International taxation and customs control in Spain, certain concepts have been highlighted such as the abusive use of internal and international regulations, the control actions, the transfer prices as well as other control measures.Read more
Validated Refinancing Agreements in SpainThe mechanism for legal ratifcation of the refinancing agreement was reviewed under the Real Decree-Law. One of its amendments included extending the effects to non-participating creditors (without collateral) and clarifying its scope via vis-Ã -vis creditors (with collateral). This mechanism is making the conversion of credits into equity loans much more efficient in Spain.Read more
Price Regulation in the Electronic Commerce in SpainSpain represents a suitable place to establish e-commerce activity due to its special VAT rates and its regulation concerning electronic commerce, which both the General Law in Defense of Consumers and Users and the Law of Services of the Information Society support.Read more
Responsibility of Administrators in the Dissolution of Companies for Losses in SpainThe dissolution of any capital-based company in Spain which incur into losses has reduced the equity amount significantly. It would be beneficial for partners of the companies to either contribute to offset losses or to increase the capital of the company by contributing and receiving shares in the company. However, this implementation can face some challenges due to the varied type of losses.Read more
Taxation Aspects of the Insolvency Law in SpainThe Royal Decree-Law incorporates tax measures designed to enhance the legal pre-bankruptcy framework for refinancing agreements. These measures seek to facilitate consensus between debtors and creditors, maximizing asset value and minimizing or deferring liabilities to prevent insolvency.Read more
