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Results: 1-10 of 105

The effects of termination of a payment in kind within insolvency proceedings

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • November 27 2014

A claim filed by insolvency practitioners requesting the termination of contract of payment in kind, which was entered into between a party under

Application of rebus sic stantibus as a result of the financial crisis

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • November 27 2014

For a long time, Spanish Courts have considered the application of the clause rebus sic stantibus in a very restrictive and limited scope, largely

Upholding the right to honour when registering a debt

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • November 27 2014

In a judgment dated 21 May 2014, the Supreme Court stated that an entity responsible for the debtors register (ASNEF) and the applicant for the

Court ruling on abusive contract terms conditions

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • November 27 2014

A Court in Barcelona has stated that abusive contract terms conditions may only be invoked on clauses that are subject to foreclosure proceedings

The application of the rebus sic stantibus clause in the real estate market continues due to the crisis situation in Spain

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • October 3 2014

In February 2004, the borrower entered into a mortgage loan for the purchase of a home with a financial institution (Citifin S.A. EFC.). Subsequently

Supreme Court ruling number 3472014 of 26 June 2014

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • October 3 2014

The Supreme Court rules that VAT and other expenses incurred must be included in the damages for construction defects. In this case, a community of

The Supreme Court endorses the autonomy of the first demand guarantee in respect of the primary obligation guaranteed

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • October 3 2014

In March 2008, the appellant (URZANTE, S.L.) concluded the purchase of 300 MT of olive oil with the seller (JARAOLIVA, S.L.), providing a first demand

Tax refund claim opportunity as Spanish inheritance and gift tax has recently been declared contrary to EU rules by the European Court of Justice

  • Squire Patton Boggs
  • -
  • European Union, Spain
  • -
  • September 10 2014

This information will be of great interest to Spanish non-residents who have inherited or acquired by gift, assets or property in Spain, having paid

The legal concept of insolvency according to the Spanish Supreme Court

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • July 10 2014

The Spanish Supreme Court has established the legal concept of insolvency as an objective requirement for the Declaration of Insolvency pursuant to

Moderation of a penalty clause by the courts

  • Squire Patton Boggs
  • -
  • Spain
  • -
  • July 10 2014

The Spanish Supreme Court has reiterated its doctrine on the moderation of penalty clause in a Judgment issued last March 17, 2014. The case under