Investing in Spain: a Guide from a Legal Perspective
Our Legal Guide for investing in Spain comprises four major parts that focus on the “Why, What, How, and Where” of investing. Our goal is to help enumerate the specific advantages that the Spanish market offers at this moment and offer a guide, from a legal perspective, of how to proceed with an investment with efficiency and guarantees of success.
The forward purchase contract VS the forward funding contract in Spain
Forward purchase and forward funding contracts are particular kinds of contracts that perfectly meet the characteristics of a sales contract of a future good. These are two types of bilateral sales contracts of a future building concluded between an owner builder seller and an investor buyer. These contracts are often used in large real estate transactions.
The termination of a distribution contract in Spain
Distribution contracts are one of the most commonly used trade contracts in business. Hence it is necessary to have a proper knowledge of their functioning in order to avoid conflicts arising from their breach.
The Legal Regime of Vacations in Spain
The right to vacation days in Spain, created by a labour relationship, also exists during periods of sickness, accident, maternity or strike. Nonetheless, vacation days have an expiration date, which excuses an employer from economically compensating for the unused days.
The essential terms of the distribution contract in Spain
The content of a distribution contract depends, inter alia, on the covered territory and on exclusivity obligations. In any case, and with regards to an international contract, if the product is to be distributed in Spain, the terms shall comply with Community law and Spanish regulations.
Obligations of inactive companies in Spain
Many entrepreneurs or managers decide to “let a company die” or fail to communicate to the Spanish Treasury its inaction, understood as the discontinuation of activities set out in its corporate purpose and statutes and not generate income from these activities.
Responsibilities of immovable property sellers in Spain
An immovable property seller must take the risks that an immovable property sold to a buyer might encounter. In other words, the seller is held liable for the faults and defects that may arise after the sale. The Spanish Civil Code along with Law 38/1999, of 5 November, on Construction Planning (LOE) establishes the different types of liability, as well as the limitation period for actions for damages.
Digital surveillance and control of employees: limits and requisites
The Workers’ Statute empowers an employer to adopt the supervision and control measures that are deemed appropriate in order to verify the fulfilment of the obligations and duties of its workers. However, this power is not absolute, and it is exactly how the Spanish courts understand it.
The sale of property under construction, an alternative to the crisis
Before the economic and financial crisis, the Spanish real estate and construction sectors constituted one of the pillars of the country’s economy and real estate promoters used to benefit from the support of national banks. Because of the crisis, the real estate market has sharply declined. Real estate promoters had to find alternative funding sources.
The sales contract of a property under construction in Spain
A sales contract of a property under construction is similar to a sales contract of a future good. The future good is certainly an object that does not exist, but on whose existence the parties have already agreed upon. Consequently, the parties agree on the object of the contract, in this case the building to be constructed, on the price, the rules to calculate the price, the obligations, and the conditions regarding the transmission of the building once it has been constructed.
