Reform 3/2009 to the Spanish Insolvency Law

The Royal Decree Law 3/2009 of the 27th of March is a recent reform of the principal Spanish rules relating to insolvencies, i.e. the Insolvency Law 22/2003 of the 9th of July. The principal Spanish rules relating to insolvencies are found in the relatively recent Insolvency Law 22/2003 of the 9th of July, approved in […]

Steps when buying a property in Spain

The great variety of landscapes, excellent weather conditions, captivating history, delicious gastronomic offer and enthusiastic inhabits push more and more foreign citizens to not only spend their summer but furthermore buying a property in Spain. It is always advisable to rely on experienced Spanish lawyers to guarantee the success of the purchase.

International Purchases. The questions of which law applies?

An important question which often arises during an international transaction is what law applies to a contract of sale between parties from different countries. Much too frequently, the parties to an international agreement fail to include what is known as a choice of law provision. The failure to include such a clause may result in unexpected […]

Rules and regulatins

The regulation in defence of competition in Spain

The regulation in deface of competition in Spain is formed in light of the Law 15/2007, of July 3, of the Defence of Competition, which promotes a substantial reformation of the Spanish system of the defence of competition, and by which the National Commission of Competition is created. The development of this regulation was necessary […]

Amendments to the Unfair Competiton Act in Spain and its influence on other legislation

The Act No. 29/2009 of 30 December modifies the legal system of unfair competition and advertising to enhance consumer and user protection in Spain. Act No 29/09 incorporates the Community Directive 2005/29/EC dealing with unfair company commercial practice in their relations with consumers on the domestic market into the Spanish law, along with Directive 2006/114/EC […]

Bankruptcy proceedings and their possible effect on prior leveraged buy-out operations in Spain

PDF Eurofenix Winter Edition 2009 Concept and legal prohibition In recent years so-called leveraged buy-outs (LBO) have been very frequent in Spain. These operations are characterised by being acquisitions of a majority percentage of the share capital of a target company, this acquisition being financed via loans obtained from a third party which are guaranteed with […]

Vasijas-compraventa-mercaderías

International Contracts: Examining and Claiming Defective Products

This article will provide a practical analysis regarding the possibilities to claim defects in goods acquired through international sales contracts. Before developing these issues, first is an examination of the legal mechanisms applicable to international sales and to the issues at hand. Contracts are governed by the provisions of the parties; however, where the parties […]

Labour Reform in Spain through Royal Decree-Law 10/2010

On June 16, the Government of Spain passed Royal Decree-Law 10/2010, with urgent measures for reforming the labour market. This is a reform that has been developing over last three years, and where social agents, companies, and unions have not been able to reach any agreement. In light of this lack of accord, as well […]

Inversión internacional en españa

Prevention and resolution of disputes in international trade

We are currently in an economic stage of globalization and the internationalization of trade relations. Within this period, the increasing complexity of transactions and the current economic crisis are contributing factors to a greater proliferation of international commercial disputes. At the same time, the presence of international organizations has increased and been legitimized by the […]

contrato de trabajo en españa

Seizure or attachment of assets in Spain

Asset seizure, or attachment, is a process that enables creditors to collect from delinquent debtors by looking to their assets, including property, goods, and/or earnings. There are two principal types of attachment: attachment in aid of execution and preventive (or precautionary or future) attachment. The first occurs when a judgment declaring pecuniary debt has already […]