Author Archive

Mariscal & Abogados Abogados

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

Data Protection and the Risk Information Centre in Spain

The Risk Information Centre of the Central Bank of Spain (CIRBE) has significant relevance in Spain when it comes to the protection of data. When we say it has a public and confidential character, we do not mean to talk about a common register of defaulters, but of an extensive database where all direct and indirect risks related to the clients of financial institutions, notwithstanding whether or not the holders are up to date with payments.

Salary incentives and Bonuses in Spain

In Spain, bonuses are salary supplements as defined in Article 26.3 of the Workers’ Statute (Estatuto de los Trabajadores). This remuneration scheme is based on the company’s performance or on the employee achieving certain objectives. At the outset, the company should set requirements that entitle an employee to receiving a bonus.

Proceedings in Spain with a foreign element

In practically all proceedings in Spain with a foreign element (basically those in which one of the opponents is a national of a non-Spanish-speaking state) at least part of the written evidence to the lawsuit is written in a language other than Spanish (contracts, invoices, correspondence, etc.). In this sense, Article 144.1 of the Civil Procedure Act (CPA) states that Any document worded in a language other than Spanish or, as appropriate, the official language of the Regional Authority in question shall have a translation of such document attached thereto.

How to protect your work in Spain

The work in Spain

             The National register for the protection of the works

In Spain, there is a national register for the protection of intellectual property (Registro de la Propiedad Intelectual) which is part of the Spanish Ministry of Education, Culture and Sports. Registration in this register constitutes proof of a creator’s paternity on his work. That is to say, when a work is created in Spain, it can be submitted to the register to ensure its protection. However, this registration is not mandatory since the work is protected by the mere fact of its creation, provided that it is original.

The Spanish Copyright Law

Directives 2001/29/EC of May 22, 2001 and 2006/CE of December 12, 2006 have harmonized copyright legislation in force within the European Union. The applicable law in Spain is Law 1/1996 of April 12, 1996, amended by the Law of July 7, 2006. As a result of the harmonization, the Spanish copyright legislation is almost identical to that of other European countries. Moreover, through the various agreements concluded between the countries, the works of foreign creators are protected in all the European countries.

What is the Declaration of Heirs in Spain?

Through the following article, we will address the question of  what is a declaration of heirs in Spain?

To do this, we must first analyse the necessary conditions to make and/or use the declaration of heirs.

Commonly, a testator draws up a will before his death- conforming to the legal parameters set by statute- in which he expresses his last wish. However, what happens if the testator did not draw up a will before his death or once the will is declared invalid or has lost its validity? It is in these cases when we must make use of the declaration of heirs.