Publications

The sales contract of a property under construction in Spain

A sales contract of a property under construction is similar to a sales contract of a future good. The future good is certainly an object that does not exist, but on whose existence the parties have already agreed upon. Consequently, the parties agree on the object of the contract, in this case the building to be constructed, on the price, the rules to calculate the price, the obligations, and the conditions regarding the transmission of the building once it has been constructed.

Gintare Gailiute, October 2016 – April 2017

Before coming to Madrid and joining Mariscal Abogados team I expected that half year of internship would pass forever, not even, the time at this international law firm has passed …

Things to know about the distribution contract in Spain

Distribution, based on the purchase of goods from a supplier and the subsequent resale of the goods by a distributor, is an effective means of entering a new market through the distributor´s network of local clients.

The sale of properties under construction in Spain

Selling a property under construction consists in the conclusion of a sales contract related to a property that has not yet been constructed, but the parties have already agreed on its existence and hence on its creation as well as on its price. Therefore, the parties conclude a sales contract related to a future good which involves its own different characteristics.

Unfair Competition: The Violation of Trade Secrets in Spain

The violation of trade or industrial secrets is regulated under Article 13 of the Law on Unfair Competition and consists of acts of exploitation of confidential information for the benefit of one’s self or a third party. To find a violation of secrets, a number of requirements must be met.

Maja Kapiczowska, October 2016 – February 2017

I took part in a post-graduate internship at Mariscal Abogados within the frames of Erasmus+ programme. It enabled me not only to learn about the Spanish legal system, its procedures …

The Validity of video surveillance evidence in Spain

The latest Supreme Court’s sentences validate video surveillance evidence under certain circumstances and after fulfilling specific formal requirements, such as proportionality and notification to the employee, as a fair cause for disciplinary dismissal.

The abusiveness in the clauses of late-payment interest of personal loans

Recent judgments on abusive clauses oblige institutions and professionals who offer personal loans to consumers residing in Spain to review and adapt the clauses to legal constraints. Find here practical advice to implement.

Remedies Against Breach of a Shareholder’s Agreement

Under Spanish Law, there are different options to seek compensation for breach of a shareholder’s agreement, which are agreements that, although not mandatory, are highly recommended since they prevent future problems between partners and a company.

Smart contracts and consumer protection in Spain

Smart contracts are becoming the new preferred type of contract used in the financial sector. They are easy to use, have lower transaction costs, shorten settlement cycles, mitigate fraud and are transparent. However, an interesting aspect is whether smart contracts will offer consumer or buyer protection.

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