When a company experiences serious financial difficulties, uncertainty often arises as to the appropriate time to take legal action. It is precisely for these situations that insolvency proceedings (concurso de acreedores) exist. In Spain, insolvency proceedings are governed by Royal Legislative Decree 1/2020 of 5 May, approving the consolidated text of the Spanish Insolvency Act […]
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Burden of proof, user negligence and the European configuration of the liability regime The rise in digital fraud and, in particular, banking phishing has profoundly altered the landscape of financial institutions’ liability. We are no longer dealing with rudimentary scams. Contemporary phishing attacks combine emails, SMS messages and web pages that are almost indistinguishable from […]
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Organic Law 1/2025 and the new procedural admissibility requirement in civil and commercial matters The entry into force of Organic Law 1/2025 of 2 January on measures to improve the efficiency of the Public Justice Service (LO 1/2025) has brought about a substantial change in access to civil and commercial jurisdiction. As of 3 April […]
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