Author Archive

Mariscal & Abogados Abogados

Mariscal & Abogados is an international law firm with a multidisciplinary approach based in the capital centre of Spain, Madrid.

How to validate documents in Spain for recognition in foreign countries

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”).

The order for payment and the Monitorio procedures in Spain

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.

International Contracts

Lawyers working in international law oftentimes interpret, review, and advise their clients on contracts written by other international lawyers in foreign countries.  Considering the great possibility for legal, linguistic, and cultural misinterpretations, it is important for international lawyers to become familiar with the types of contractual clauses that they see in such diverse contexts. 

The new spanish Capital Company Law

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, in which one legal document unifies the respective norms regarding public limited companies, limited-liability companies, public companies and partnership limited by shares, in other words all capital companies existent in our system.

Enforcement of bank guarantees

Eurofenix publication Enforcement of bank guarantees – April-2010

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.