In Spain, like in many other countries of the European Union, the party autonomy, which ensures the contractual freedom of the parties is one of the most basic principles in respect to trade agreements. Aside of this principle exist several other mandatory legislations, which can not be modified by the contractual parties and unfold effects in prevalence. Especially trade agreements are interpreted and construed by these mandatory legislations and therefore shall receive consideration by the parties to a contract.
If you have purchased property in Spain and discovered building defects, it is possible to claim such defects. The Spanish Law, “Ley 38/1999 de 5 de Noviembre, de Ordenación de la Edificación,” regulates these kinds of matters. The following are tips on how to claim building defects.
This article explains some of the most relevant aspects of insolvency proceedings and debt collection. From a practical point of view, these concepts must be valued considering the possibility that an economic actor may have to participate in an insolvency proceeding when such economic actor is demanded to participate by a creditor, or when an economic actor voluntarily participates in such a proceeding as a debtor.
The principal Spanish rules relating to insolvencies are found in the relatively recent Insolvency Law 22/2003 of the 9th of July, approved in a moment of economic prosperity. This law has been the object of a recent reform, by way of the Royal Decree Law 3/2009 of the 27th of March, driven in part by the current global economic crisis. This law has been affected by the current global economic crisis like the Spanish economy has been affected.
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.