Articles

Regulation of franchises in Spain vs the United States

In Spain, franchise law is regulated by Real Decree 201/2010, of February 26, which regulates the exercise of franchise commercial activity and the communication of information to the franchise registry – and by article 62 of the law on Retail Trade 7/1996.

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How to correctly give notice of termination in Spain

In Spain, there are concrete requirements regarding the notification of termination. Businesses that will dismiss employees must comply with such requirements; otherwise, the measure could be ineffective.

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Regulations on company dining halls in Spain

In Spain, a recent judgement on company dining halls reminds companies about the importance of collective bargaining when it comes to achieving consensus on social benefits with workers.

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The Concept and Contents of Partnership Agreements in Spain

While company by-laws govern a company’s activity and are public, partnership agreements are private agreements that govern, among other things, the organizational aspects of the company. However, partnership agreements may be made public at the request of any of the partners.

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The sale of businesses through a contract of direct trade of shares

The main instruments for acquiring companies are the purchase and sale of shares and participations and the purchase and sale of company assets. The choice of each of them has its advantages and disadvantages, and entails different legal consequences.

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Elements of the employment contract in Spain

The existence of a working relationship is established through a contract. In Spain, the elements and clauses of the contract must clearly and unequivocally define all aspects of the working conditions.

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Implementation of commercial foreign arbitral awards in Spain

Art. 46 of the Arbitration Act 2003 (Act 60/2003) under « Foreign Status of awards», ensures the recognition and enforcement  of foreign arbitral awards. Law 29/2015 of 30 July (International Cooperation in civil matters) applies to civil and commercial matters. 

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Employment contracts in Spain: how to choose the most appropriate one?

When hiring employees, knowledge and analysis of the Spanish employment regulations provide an understanding of the contract types in force and the benefits of existing bonuses and reductions. Companies that intend to hire new employees must first verify which type of employment contract is the most beneficial and then confirm the available types of allowances related to social security.

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Position of Director in Spain: Duration and End-Date

In a limited liability company, which differs from a corporation, the company’s by-laws can establish any term of duration for the position of director, including the possibility of an appointment for an indefinite period of time.

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Enforcement of foreign arbitral awards in Spain

Law on Arbitration 60/2013 guarantees that the foreign arbitral award will be recognised and performed in Spain. Nevertheless, issues may arise and thus national jurisdictions may oppose the recognition and performance of foreign arbitral awards. 

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