Business Law




his Law Firm of Alicante has a great experience in Commercial Law, having provided over these years an important service to our clients not only through advice but defending their interests at Courts and Tribunals throughout Spain.

This is one of the branches of Law that is more updated and that is undergoing changes, motivated by the special object that deals with this matter and its constant evolution.

When we refer to Commercial Law the first thing that comes to our mind is the word market and this is because of its origin, since ‘market’ was the public place where the products were exchanged and ‘commercial’ is the right that regulates the commercial operations carried out in the legal traffic.

Reality has gone further and this branch of law has been expanding from the initial exchanges of merchants to the present where everything related to industrial property and unfair competition has been included.

The objective of Commercial Law can be defined in many ways but synthetically it can be said that it is the regulatory system or systems that regulate the market activity and the performance of its economic operators.

Great importance has the regulation of securities, bills of exchange, checks and promissory notes, as own means of payment in transactions of a commercial nature, in this sector that has its own regulation, as the banking law does and not the  insurance companies.

The regulations regarding insurance companies and contracts with these aforesaid companies are also a matter of much conflict in the Courts and Tribunals.

Within this branch of law the regulation of the participating individuals, that can be both natural persons and legal entities, is essential, being the regulation of capital firms, known as Ltd. and Co. above all, subject of regulation and treatment in that branch. We cannot forget limited partnerships by shares.

Of course important is the very significant group of contractual figures that has a properly mercantile nature such as the commercial purchase agreement; the mediation and intermediation contract, the commission contract and the agency contract, banking contract, the insurance policy, the factoring contract, the merchandising contract and many more that differ from those of a civil nature although they have a common base and many others that are specific to commercial law.

We cannot end this brief comment without mentioning a regulated figure in this branch of the law, which is that of bankruptcy. Regulated by Law 22/2003, of July 9th, this is one of the most sensitive figures with the greatest economic consequence, affecting entrepreneurs in their vast majority in a situation of momentary lack of liquidity and the need to obtain an agreement with its creditors whose purpose is to save the company, an agreement that must be made within a legal process with the greatest guarantees for all the parties.



Guarantee In Purchase Of Real Estate – Responsibility Of Company Administrator

We have great news for former home buyers in Spain who lost their money by not having an guarantee by the Promoter. Many citizens, mostly British, were defrauded. Go ahead and read this article in order to learn more about it. A hearing has been held in the Commercial Court No. 3 of Madrid to settle the legal claim that…

Companies – Responsibility After Its Dissolution and Liquidation

A ruling of the Civil Chamber of the Supreme Court May 24, 2017 in Appeal 197/2015, has unified the doctrine regarding the capacity of a dissolved and liquidated companies, once canceled the entry in the Property Registry, to be part of a process of claiming outstanding debts. The Chamber maintains that the registration of the deed of execution entails, in…

Mercantile Society – Personal Responsibility of the Administrator

The 5th section of the Spanish Court Audiencia Provincial of Zaragoza issued a sentence on 22/03/2017 on the Appeal number 53/2017 in which a sentence to a sole administrator of a mercantile society in confirmed, for failing to meet its obligations, when the company was involved in dissolution. The administrator must compensate, as a whole, 10,442.39 euros to two creditor…

International Purchase of Goods. Spanish Debt Collection. Turkey.

The First Instance Court number 2 of Alcoy has ruled a judgment in the Ordinary Proceeding number 353/2014 in favour of the client of Turkish nationality of this lawyer office, so the claim is accepted and the Spanish company is sentenced to pay the owing debt as a consequence of not having paid the corresponding invoices for the provided goods.…

Bank Guarantees in Purchases. Claims Against the Administrators of the Developers.

Spanish lawyers of CBL Carlos Baño Leon are starting to file the first claims against the administrators of building developers’ companies because of breach of the duty of guaranteeing the payments delivered in advance in the purchase of houses in Spain. We have already informed several times that these claims are being recognized provided that some requirement are met. Many…

Debt Collection in Spain. International Purchase. Goods From a Turkish Company.

In the First Instance Court number 2 of Alcoy it has been held a trial today regarding the proceeding Ordinary Lawsuit number 353/2014 in which Carlos Baño Leon Spanish Lawyers represented a Turkish company in a claim against a Spanish company that purchased its products and owed the amount of some purchases. Carlos Baño Leon Spanish Lawyers based the claim…

Market Abuse. Inside Information. Sanctioning Eu Regulation.

The European Union puts an end to the use of inside information with sactions that can reach four years of imprisonment for the offender. Europe has declared war on market abuse and insider trading in the financial markets. On 3rd of July the regulation 596/2014 on market abuse comes into force, as well as the directive 2014/57/UE and both extend…

Shares Purchase. Bankia. Cancellation of the Shares Purchase.

The civil division of the Supreme Court of Spain, convening in a plenary session, solved two appeals of BANKIA against the cancellation of the purchase of its shares during the public offering of shares in 2011. The courtroom dismissed all grounds of the appeals, rejected that the pending criminal proceeding before the Audiencia Nacional (national high court) can paralyze the…

Responsibility Director Subcompany of Company Group Privileges for Company Group

The First Social Chamber of the Supreme Court passed sentence on the 11/12/2015 and condemned a director of a subcompany after achieving privileges for the whole company group although they were harmful for the subcompany. The fact that this decision has been instructed by the company direction does not change anything. “The obligation of fidelity needs to be guided by…

Notification in Foreign Residence Invalid Notification Edicts Tax Office Spain

An important sentence has been spoken and if not objected, it will arise much ado in the Courts. The tax office is obliged to try to send notifications to the residence address in other countries before, information which is supplied to the office via international collaboration mechanisms, publishing the notifications as edicts. This is how a sentence of the National Court…

Distribution Contract Debt Collection Spain Dutch Manufacturer

Today in the First Instance Court nº 13 of Murcia and in the Ordinary Proceeding nº 819/2013 the commercial law solicitors of Carlos Baño León represented a Durch manufacturer of sewing machines in a legal claim against a Spanish company located in Murcia which was in charge of distributing the machines of the Dutch company. After presenting the allegations by…

Insurance Companies. Sentence. Non-payment of the Premium. Compensation.

The civil division has set the doctrine that “the company is free from the obligation to compensate the injured party, in case of non-payment of the first premium or the only premium on the policy of a compulsory insurance of civil responsibility in the circulation of motor vehicles, only when the company proves to have sent to the policyholder a…


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