Articles

21 2023 Challenging the list of creditors

Challenging the list of creditors in Spain

Challenging the list of creditors refers to the legal process of questioning or contesting the inclusion or exclusion of specific creditors in a compiled list within an insolvency proceeding or arrangement with creditors. It allows parties, such as creditors, to dispute the accuracy, legitimacy, or completeness of the creditor list submitted by the debtor or the insolvency administration.

Read more

59 2022 Confirmatory, penal and penitential deposits

Confirmatory, penal and penitential deposits, what is best for me?

In Spain, it is usual to sign an earnest money contract or “contrato de arras” as part of any real estate transaction. The figure of the arras or depostis, confirmatory, penal and penitential give legal security to the deal and reflect different levels of commitment.

Read more

26 2022 The operation of holiday tourist rentals in Spain

Limitations and prohibitions on the operation of holiday tourist rentals in Spain

The operation of holiday tourist rentals in Spain requires careful consideration of the existing restrictions. Public authorities, especially the Autonomous Communities and Town councils, and the communities of owners can impose obligations, limitations and prohibitions on these activities.

Read more

06 2023 The sale of shares in Spain

Legal obligations for the sale of company shares in Spain

Selling shares is a common way to obtain liquidity and restructure a company’s shareholding in Spain. However, it is crucial to consider certain legal aspects before proceeding with the transaction to avoid any potential issues in the future.

Read more

26 2023 Legal Location of debtors

Uncovering the Whereabouts of Debtors in Spain: Essential Factors to Consider

When debtors have vanished without a trace, it is imperative to adhere to legal protocols to ascertain their whereabouts. Within this article, we present a comprehensive guide to lawfully discovering the location of a debtor.

Read more

03 2023 Collective bargaining agreements Spain

Why are collective bargaining agreements crucial in Spain?

Collective bargaining agreements have a crucial impact on governing the relationship between companies and their employees. Therefore, companies operating in Spain must have a comprehensive understanding of the collective agreement applicable to their company and adhere to it, avoiding potential conflicts and ensuring compliance with labour obligations.

Read more

22 2023 Jurisdiction over agency contracts

International jurisdiction over agency contracts

The termination of the agency contract by the entrepreneur typically results in the agent’s entitlement to compensation, which, in the absence of an agreement, the agent will seek through legal proceedings. Drawing from our expertise as lawyers specializing in cases involving foreign companies, we present below the fundamental criteria for ascertaining whether this claim can be pursued before the Spanish courts.

Read more

62 2022 Illegal transfer workers

Illegal Transfer of Workers in Spain: Know the Risks?

The transfer of workers is prohibited in Spain; temporary employment agencies (TEAs or ETTs in Spain) are the only entities authorized to hire temporary staff and place them at the disposal of another company. Companies must comply with this regulation, as the legal and economic consequences of committing irregularities in this matter can be drastic.

Read more

61 2022 Adaptation of the working day

Adaptation of working day, a measure to reconcile work and family life

Reconciling work and family life involves balancing work and family responsibilities. Among the measures included in work-life balance are the adaptation of working hours and paid or unpaid leave.

Read more

02 2023 The Workers' Statute in Spain

What is the Workers’ Statute?

The Workers’ Statute is the legislation that aims to protect the worker’s labour rights, establishes rules for collective bargaining, and defines the responsibilities of employers and employees in Spain.

Read more