Mariscal Abogados has extensive experience handling commercial transactions, with a particular emphasis on those involving an international component.
Precisely in this type of international business, we provide added value to our clients by expertly addressing the complexities of cross-border transactions between companies of different nationalities and potentially dealing with foreign authorities and legal systems.
Commercial Distribution & Agency Agreements
We focus on the key features of these agreements: product description, exclusivity rights, market specifications, fee structure, liability and indemnification, non-compete covenants, or dispute resolution, among others.
Franchise Agreements
In Spain, franchises have had a notable impact in revitalizing the commercial distribution sector and transforming consumer habits. With the increasing number of companies choosing the franchise model to expand in the country, the number of franchises continues to rise. At Mariscal Abogados, we understand the importance and impact of this business model. Therefore, we provide comprehensive legal advice to both franchisors and franchisees, which includes, among others:
- Due Diligence processes related to the franchise.
- Preparation of documentation regarding pre-contractual information associated with the franchise.
- Drafting and negotiating specific terms and conditions for franchising your business in Spain, including aspects, such as trademark use, exclusivity clauses, territory delineation, training and support, protection of intellectual and industrial property, liability and indemnification, and dispute resolution, among others.
Purchase & Supply Agreements
We focus on the terms and conditions for the sale and purchase of goods, among others: description of the goods or services, price and payment terms, delivery schedule, warranty and returns, intellectual property, termination, and dispute resolution.
Outsourcing and Professional Service Contracts
We establish the main aspects for the provisions of specific services or the performance of distinct tasks: payment terms, confidentiality and data protection, liability and indemnification, and dispute resolution, among others.
Licensing Agreements
We define the crucial elements of licensing agreements, among others: definition of the intellectual property, scope of the license, payment terms, duration, termination, confidentiality and non-disclosure, and dispute resolution.
Technology Transfer Agreements
We determine the essential features of this type of agreement, among others: definition of the technology, transfer of ownership, licensing, royalty payments, confidentiality and non-disclosure, termination, and dispute resolution.
Financial/Banking Contracts
We handle the drafting, negotiating, and formalising of all types of financial contracts, such as loans, credit lines with collateral, consumer credits, leasing contracts, and financial leases, among others. We design and prepare all kinds of financial instruments, such as debt acknowledgements, non-recourse debt, debt or payment assignments, bank guarantees, and debt instruments.
Product Liability
We set the terms and conditions to set out the responsibilities and obligations of each party concerning product safety and quality: product description, warranty, liability, indemnification, and dispute resolution.
Our scope of services for business law includes, among others:
- Legal requirements for subscribing to a specific agreement in Spain
- Reviewing existing contracts
- Drafting and negotiating agreements, including specific features to the type of contract
- Assistance with the registration of agreements with the relevant authorities
- Representation of clients in disputes, including conflicts related to performance, liability, termination, breach of contract or non-dispute clauses, among others
- Enforceability of contracts under Spanish law, including the recognition and enforcement of foreign contracts in Spain
- Advice with the transfer of agreements, including the negotiation of transfer agreements and representation in transfer disputes
- Liability, termination, and contract dispute resolution through alternative dispute resolution methods, such as mediation and arbitration
- Advice on the Spanish laws governing the specific contract, including data protection, privacy law or competition law, among others
We provide clients with comprehensive legal support for all aspects of business law, helping them to minimize the risk of disputes and ensure the enforceability of their agreements.
Manager
Jose María Mesa
Partner and Lawyer
Tax lawyer with expertise in tax planning, international taxation and transfer pricing.
