Publications List

Leasing contracts in Spain: taxes and expenses

The building lease market in Spain has strengthened from the economic crisis and has begun to displace the ownership regime. However, the war between supply and the demand, and the hidden decoys behind feasible rents, can entail the assumption of taxes and expenses that parties should understand and negotiate.

Read more

Victoria Lewis | Legal Internship

Victoria Lewis, June – August 2016

Overall, my time at Mariscal Abogados has been enriching, allowing me to develop my oral and written communication in both English and Spanish, teamwork skills, legal research and ability to adapt to unknown situations.

Read more

Spain starts using online judicial auctions

Since October 2015, a website brings together notarial and judicial auctions in Spain. A citizen with prior registration and deposit will be able to consult and participate in an auction. Auctions affect both real estate and personal property, including those that would have been mortgaged.

Read more

Master franchise agreements in Spain: the trust by selectivity

The Master Franchise agreement is an exclusivity contract of a British/American franchise abroad. Structured by a double legal relationship between the headquarters, the master franchisee and the local franchisee, the contract allows the extension of a business model and the spirit of a British/American franchise abroad legally and economically.

Read more

Leasing contracts in Spain: expenses and fees

Aside from the responsibility of the taxable person (landlord) with regard to the Administration, and the more or less logical justification that could support the payment of expenses and fees related to leasing in Spain (community, supplies, waste), in Spain there is a principle of freedom to establish which taxes and expenses must be passed on to the tenant.

Read more

Causes of a disciplinary dismissal in Spain

Dismissal is the unilateral termination of a work contract by the employer. Disciplinary dismissal occurs when a company believes that a worker has seriously breached and failed to comply with his or her duties. Upon proof of a breach, the labour relationship is terminated and the worker loses the right to any compensation.

Read more

balance

Rights and obligations under Consumer Credit Agreements

Law 16/2011 transposed the Consumer Credit Directive on consumer credit agreements to Spain. The objective of the law is to foster the integration of the consumer credit market and grant a high level of consumer protection by focusing on transparency and consumer rights.

Read more

Direct franchising in Spain: Security by proximity

Direct franchising permits British/American Franchisors to develop business models in Spain quickly and simply. As it offers the opportunity to freely choose commercial partners and the establishment areas of a business model, having recourse to a direct franchise agreement is a real token of quality and control when it comes to exporting a franchise business model to Spain.

Read more

Compensation for unfair dismissal in Spain

One of the factors to bear in mind when calculating the compensation for unfair dismissal in Spain is the seniority of the worker within the company. For contracts signed after 12 February 2012, the compensation is 33 days’ worth of salary for each year worked. For contracts entered before this date, the compensation is calculated in two instalments.

Read more