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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The compensation regime in agency contracts The agency contract is conceived as an essential instrument within the organisation and expansion of business activity, as it establishes a stable collaborative relationship between a principal and an independent agent entrusted with promoting or concluding commercial transactions on the principal’s behalf. In the Spanish legal system, this arrangement […]
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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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Freedom of contract and its limits in business-to-business contracting: abusive penalty clauses In negotiations between companies, the principle of freedom of contract recognised in Article 1255 of the Spanish Civil Code prevails, allowing the contracting parties to freely determine the content of the contract provided that it is not contrary to the law, morality or […]
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The Business Judgment Rule (BJR) constitutes one of the fundamental pillars in delineating the liability of company directors. It recognises business discretion as an inherent component of corporate management and governance, while simultaneously establishing a framework of protection against potential claims arising from business decisions that ultimately prove unsuccessful. It is important to highlight that […]
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Article 31 bis of the Criminal Code provides that a company may be exempted from criminal liability if it proves that it has effectively implemented a crime prevention system. To this end, the Supreme Court has stressed the need for the compliance programme to be effective, i.e. not merely formal or theoretical, but to have […]
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Criminal compliance in football clubs in Spain is a key issue, especially in the wake of Organic Law 1/2015, which introduced criminal liability for legal persons. This regulation introduces legal entities, including clubs, to implement crime prevention programmes, known as compliance programmes, to reduce legal risks and demonstrate a commitment to regulatory compliance. In addition, […]
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Law 12/2023 of 24 May on the right to housing, which entered into force on 26 May 2023, established a series of measures to protect the constitutional right to housing, which materialised in the amendment of article 439.6 of the Civil Procedure Law, through the addition of paragraphs 6 and 7. These regulate the admission […]
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