This survey shall give a very brief overview over different possibilities of enforcing legal demands in different kinds of legal procedure of debt collection: 1. Ordinary civil proceeding, 2. Civil proceeding concerning exchanges or checks, 3. Civil proceeding concerning a summons.
The first principle towards mergers of law firms is that it must be considered as a means to an end. Merger is a scheme which allows certain aims to be fulfilled. These aims can be linked to growth strategy, gaining markets’ shares, approaching other types of clientele, strengthening the firm, ensuring economic stability, attracting new lawyers with a specific profile, pursuing competition…
To collect outstanding debts, it is always advisable to reach an out-of-court settlement because lawsuits in Spain can be very lengthy, arduous and costly.
A brief explanation of some of the words and phrases when discussing real estate and topics with English lawyers.
People and companies may wish to face and solve their differences out of a judicial process, for this is frequently long and expensive in Spain. “Alternative dispute resolution” refers to any procedure by means of which parties involved settle their conflict outside the courtroom.
The Spanish legal system is a civil law system based on the Roman-Germanic tradition.
As part of a series concerning the law applicable to commercial agents in the member states of the EU, the authors give an overview with especially practice-oriented information. The Spanish law applicable to commercial agents (“Ley sobre Contrato de Agencia – LCA”) is based on the commercial agents EC directive and is therefore similar to German law.
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 the assets of the target company itself or are repaid by being charged to corporate assets and cash flows expected from the same.
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.
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.