The Procedure of Debt Recovery in the European Union

Article 81 of the Treaty on the Functioning of the European Union establishes a legal basis for the development of judicial cooperation in cross border civil matters within the European Union. A first step in this process can be seen in the introduction of two specific procedures, the European Order for Payment Procedure and the […]

Enforcement of Foreign Judgments in Spain

Private international law governs the international elements in matters of private law, i.e. family law, law of contract. It also determines whether and under what conditions a judgment rendered by a foreign court will be recognized and enforced by a national court. In Spain foreign judgments are recognized based on bilateral or multilateral treaties or […]

Regulation Concerning Temporary Transfer of Workers Abroad

Article 40 of the Workers’ Statute, when speaking of geographical mobility states that The transfer of workers who have not been hired specifically to provide services in companies with mobile work places or to travel to a different workplace of the same company, which requires a change of residence, must be justified for economic, technical, […]

Contract Spain

New Incoterms Rules for International Contracts

Incoterms are trade terms arising from business practices whose scope is limited to the rights and obligations of sellers and buyers in sales contracts. They are not laws, but rules and recommendations which facilitate international commercial trade. Incoterms rules were first published in 1936 by the International Chamber of Commerce and in general are reviewed […]

Creditors’ compulsory liquidation proceedings in Spain

Unlike creditors’ voluntary liquidation proceedings which are commenced by the debtor, creditors’ compulsory liquidation proceedings in Spain are those which are requested by a legitimate creditor in accordance with Article 3.1 of the Law 22/2003 (the Insolvency Act). The Insolvency Act defines insolvency as when the debtor is unable to regularly comply with his obligations when they become due and payable (liquidity […]

Inversión internacional en españa

International distribution contracts within the European Union

In this Article we will discuss the principle types distribution contracts, specifically the contracts by which one company (the principal employer or grantor) sells to another (the company distributor or dealer) its products for distribution in the market. This is a widespread commercial formula used to facilitate the entry and placement of products in international […]

Regime of Arrears and Changes in the Civil Monitory Process in Spain

On May 4 last, Law 13/2009 of 3 November on the Reform of Procedural Law came into force. Included amongst the many new provisions of this law are changes to the civil monetary process, which has been considerably expanded in its scope as a result of this reform and it now provides for debt claims […]


The Convention on the International Sale of Goods or CISG

Introduction This short article intends to introduce the Convention on the International Sale of Goods (CISG) and illustrate its common-law differences.  Therefore, this article may be informative for foreign companies who engage in international contracts for the sale of goods with companies residing in common-law jurisdictions. Knowledge of the common-law implications of the CISG can […]

LOPD in Spain for Software and Data Protection

The principal function of many of the software programs used in the day to day management of most businesses involves the storage and processing of personal data. In this sense, software and data protection are two concepts that are inextricably linked. This inevitable connection between the software programs and data protection is reflected in Development […]

Procedures in the civil and contentious-administrative systems in Spain

This article contains a summary of the principal measures introduced by the Procedural Streamlining Measures Bill in Spain, which is intended to improve, streamline and speed up current procedures in the spanish Civil and Contentious Administrative Systems in Spain.