Article 81 of the Treaty on the Functioning of the European Union establishes a legal basis for the development of judicial cooperation in cross border civil matters within the European Union. A first step in this process can be seen in the introduction of two specific procedures, the European Order for Payment Procedure and the European Small Claims Procedure. These procedures have been introduced in order to bring about a uniform procedure common to all Member States and to remove any barriers that exist in cross border debt collection.
Incoterms are trade terms arising from business practices whose scope is limited to the rights and obligations of sellers and buyers in sales contracts. They are not laws, but rules and recommendations which facilitate international commercial trade.
The NIE is a tax numberassigned to any foreign person who owns properties, interests or has financial affairs in Spain. It is compulsory in Spain as it is always requiredto:
Arbitration continues to be one of the best forms of alternative dispute resolution to avoid or overcome the disadvantages that arise from the Public Administration of Justice. The growing internationalization of trade relations makes it a very attractive option given its characteristics of speed and accessibility.
In the glorious years of the housing bubble, when everything was easily bought, lawyers played an essential role in advising buyers to purchase property with all guarantees. Now that everything is being sold, our role is still essential to prevent a sale from being frustrated by legal reasons.
Private international law governs the international elements in matters of private law, i.e. family law, law of contract. It also determines whether and under what conditions a judgment rendered by a foreign court will be recognized and enforced by a national court.
Unlike voluntary bankruptcy proceedings which are commenced by the debtor,involuntary (necessary) bankruptcy proceedings are those which are requested by a legitimate creditor in accordance with Article 3.1 of the Bankruptcy Act.
Trademarks and registered brand names described as well-known and renowned enjoy great protection within the Spanish legal system. This protection is guaranteed not only by the national legal system but also by European Union laws which, in any case, prevail over the first.
EU citizens that inherit foreign property are frequently faced with a tax bill from more than one Member State. In fact, in extreme cases the total value of a cross-border inherited asset might even have to be paid in tax, because
On May 4 last, Law 13/2009 of 3 November on the Reform of Procedural Law came into force. Included amongst the many new provisions of this law are changes to the Civil Monetary Process, which has been considerably expanded in its scope as a result of this reform and it now provides for debt claims of up to €250,000 whereas, until this reform, the amounts claimed had been limited to €30,000.
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