PublicationsInvest in Spain

Debt Recovery in the European Union

Mariscal Abogados, Lawyers in Madrid, Spain

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 European Small Claims Procedure. These procedures have been introduced in order to bring about a uniform procedure common to all Member States and to remove any barriers that exist in cross border debt collection. more…

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The role of the lawyer in the sale of property

C.Prieto, Tarracoiuris, Lawyers in Tarragona Spain

In the glorious years of the housing bubble, when everything was easily bought, lawyers played an essential role in advising buyers to purchase property with all guarantees. Now that everything is being sold, our role is still essential to prevent a sale from being frustrated by legal reasons. more…

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Enforcement of Foreign Judgments in Spain

Mariscal, international lawyers Madrid, 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.

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Involuntary bankruptcy proceedings in Spain

M. Bugallal, Mariscal, Lawyers in Madrid, Spain

Unlike voluntary bankruptcy proceedings which are commenced by the debtor,involuntary (necessary) bankruptcy proceedings are those which are requested by a legitimate creditor in accordance with Article 3.1 of the Bankruptcy Act.

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Economic Outook 2011-2012: Canary Islands, bouncing back in tourism

Lagares Abogados, Canary Islands Lawyers

This brief annual report aims to inform foreign investors about the evolution of Canary Islands´ economy, focusing in changes in both the business climate and legislative environment that may affect their strategic plans for a territory which has a traditional and meaningful trade interest for European firms.

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How to acquire Real Estate in Spain

July 2011

There are different rules which apply depending on whether you are considering acquiring a property for personal or business use, or whether the property is old or new or is a listed building, or whether you are buying on your own or in joint ownership or even as a time share.

This article deals with the purchase of a residential property.

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Judicial Division of assets in Spain

Alejandro Espada Gerlach

We are sometimes faced with situations where we have a shared heritage with others for various reasons, for example, because of buying in common and undivided, because they inherited a property in common with others, because they were married under the matrimonial property regime and purchased goods during  the marriage. more…

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New Law modifying bankruptcy proceedings in Spain

Mariscal & Asociados, Abogados

The Congress has passed the draft of a new law regarding the modifications of the current bankruptcy proceedings law in Spain. The current law has been already modified by the Royal Decree 3/2009 dated March 27th, 2009 which established some urgent measures regarding tax and financial aspects of the bankruptcy proceedings. more…

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How to validate documents in Spain for recognition in foreign countries

Mariscal & Asociados, Abogados

Whether a foreign country recognizes a Spanish public document is an international legal issue.  The international community addressed the issue of recognition of public documents in foreign countries with the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents (”Hague Convention of 1961″).

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The order for payment and the Monitorio procedures in Spain

Mariscal & Asociados, Abogados

Nowadays, many companies are facing unpleasant situations where clients do not pay their services. First thing to do is to try to solve the conflict by sending a formal requirement: the ideal would be the so-called Burofax, a type of service provided by the Spanish post that certifies not only the dispatch, but also the content. As many other jurisdictions, Spanish judges appreciate if you try to solve the dispute out of court

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