Mariscal & Associates

Which election is the most suitable to collect a debt in Spain? This articles focuses on the orders for payment procedures and the so-called Monitorio procedures.

What is the actual meaning of being an international lawyer nowadays? Clients do not only need an expert in law, but an interpreter for the international context.

On December 9th, 2010 came into force the new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies; this law's aim is to contribute to the economic sustainability of the system.

In this article, the author outlines the protections available to creditors of limited liability companies once they have been abandoned, or ceased commercial trading.

What happens if the beneficiary of a bank guarantee or other surety decides to enforce it against a payment default by a debtor who has been declared insolvent? This is a crucial question not only for the beneficiary of the guarantee but also the granter thereof – in many cases a financial institution. Neither one nor the other should be unaware of the consequences if their debtor and guaranteed party, respectively, is declared to be insolvent.

The council of ministers approved on the 2nd of July a the Redrafted Text regarding the Law of Capital Companies through the Royal Legislative Decree 1/2010. The new law came in force the 1st of September 2010.

On June 16, the Government of Spain passed Royal Decree-Law 10/2010, with urgent measures for reforming the labor 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.

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.

Act No. 29/2009 of 30 December modifies the Spanish legal system of unfair competition and advertising to enhance consumer and user protection.

The Spanish Code of Labor Law sets out a special type of redundancy known as redundancy based on objective reasons. There are several reasons based on which a company could carry out this type of redundancy. We are going to focus just into the most common ones, which usually take place during economical hard times: economic and productive reasons.

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.

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 problems to both parties, especially in the context of debt collection.

The still recent Spanish Bankruptcy Law more fully examines the legal system regarding company managers’ liability. This new liability system serves to supplement the system already provided for in the Public Limited Company and Limited Liability Company Laws, as well as the Criminal Code, within the framework of corporate crime.