Major modifications to work conditions contract in Spain
Substantial modifications contract Spain
- Significant modifications to the employment contract
In Spain, the Workers’ Statute governs major modifications to employment contracts.
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Mariscal & Abogados Abogados
Mariscal & Abogados is an international law firm with a multidisciplinary approach based in the capital centre of Spain, Madrid.
Can a child be disinherited in Spain?
In inheritance affairs, a recurrent doubt is if, according to the Spanish Civil Code, it is possible to disinherit a child. The so-called disinheritance is regulated by article 848 and the following articles of the Civil Code.
The liquidation of companies in Spain
Due to the economic and financial crisis in Spain, many companies declared bankruptcy in the past few years. Notably, Spanish subsidiaries of solvent German parent companies seem to prefer the legal option of company liquidation.
The important characteristics of company liquidation are mainly the termination of legal relationships with third parties and, if the case arises, splitting the company’s assets among the associates in order to terminate the company.
The risk of using the promissory note as a form of advance payment in Spain
In Spain, it is still common for a commissioner of works or services to pay for them by using instruments known as pagarés (promissory notes). The issuers of these promissory notes often act in the belief that, in the event that the works or services are not completely or correctly finished, they can ask their bank without major problems to refuse the promissory note when it is presented for payment.
Sanctions in Spain for Unsolicited Electronic Commercial Communications
1. Clarification of the Conduct: Unsolicited Communications According to Spanish Law
Spanish law prohibits sending electronic commercial communications without express consent from the recipient. Article 21.1 on the Law on Information Society Services and Electronic Commerce, published in the Official State Bulletin of Spain on 12 July 2002, prohibits:
How to comply with the Law of Cookies and avoid Sanctions in Spain
On 14 of January 2014, two Spanish businesses were fined for failing to comply with the Law of Cookies. The fines, of a relatively reduced amount (3.000 euros fine for one and 500 € fine for the other), should be understood as a call to attention for electronic businesses established in Spain or those that lend services or that advertise their services in Spanish territory.
Debt Collection Procedures in France and Spain
French and Spanish law have much in common for historical reasons: their common features, their forming part of the European Union, and the latter trends to harmonize the Member States’ legislation. However, there exists an issue for investors: not only may French and Spanish proceedings differ on certain details, but also the legal vocabulary used in both countries is different. Regarding debt collection, it is vital for a French investor to learn of the existing procedures in Spain and the potential differences between the French and the Spanish systems.
M&A in Spain: Management and control of economic concentration
Management of economic concentration
The acquisition process begins with a deal search, where potential target companies are identified and analysed. The results of the analysis are compiled in a Due-Diligence-Report. The next step is the negotiation with the corresponding target companies and the drafting of a term sheet regarding the conditions of the acquisition. The acquirer then prepares a binding offer to the target company, which lays the basics of the concentration contract.
The Implementation of Foreign Hereditary Titles in Spain
This article addresses the legal implementation of foreign hereditary titles in Spain. While this article presents a short introduction to the matter, it does not, however, replace a detailed legal consultation with a qualified lawyer.
M&A in Spain: Different Kinds of M&A
1. Types of M&A
a) Merger
A merger takes place when two independent companies create a completely new one that did not exist beforehand (Articles 5032 Paragraph 1 and 5034 Paragraph 1 of the Spanish Law on the Protection of Competition (Law Nr. 15/2007)). The merger through takeover also exists. In this case, a company will be taken over by another one, and the latter retains its legal personality.
