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Results: 1-10 of 187

Spanish Corporate-Real Estate Legal Update no 33. March 2017: The Supreme Court Upholds the Validity of Owners' Community Resolutions Made Under the Presidency of a Non-Owner
  • Squire Patton Boggs
  • Spain
  • March 29 2017

This judgment of the Supreme Court, dated 27 January 2017, decided on the claim brought by an owners' community against two owner-debtors who had


Spanish Corporate-Real Estate Legal Update no 33. March 2017: The Supreme Court Upholds the Validity and Efficacy of a Purchase Agreement of a Future Plot After the Seller Fails to Comply With All the Deadlines Set Down in the Contract
  • Squire Patton Boggs
  • Spain
  • March 29 2017

In this judgment the Supreme Court upheld the decision of the Madrid Provincial Appeal Court (Judgment 3772014 (14 July)) which declared the


Spanish Corporate-Real Estate Legal Update no 33. March 2017: The Constitutional Court DeclaresTax on the Increase in Value of Urban Land to Be Unconstitutional in Cases of Decrease
  • Squire Patton Boggs
  • Spain
  • March 29 2017

The judgments of the Spanish Constitutional Court (CC) dated February 16, 2017 and March 1, 2017, decided two questions of unconstitutionality raised


Spanish Corporate-Real Estate Legal Update no 33. March 2017: Clauses Obliging Borrowers to Pay All the Costs of Formalising a Mortgage Declared Void
  • Squire Patton Boggs
  • Spain, European Union
  • March 29 2017

On 23 December 2015 the Civil Division of the Supreme Court gave judgment finding the clause to be abusive under which a credit institution, when


Spanish Corporate-Real Estate Legal Update no 33. March 2017: Royal Decree-Law 12017, of 20 January, on Urgent Measures to Protect Consumers Regarding Floor Clauses
  • Squire Patton Boggs
  • Spain
  • March 29 2017

On 21 January 2017, Royal Decree-law 12017 of 20 January, on urgent measures to protect consumers regarding floor clauses came into force (the


Spanish Corporate-Real Estate Legal Update no 33. March 2017: The Supreme Court Reformulates Its Doctrine on the Retroactive Repayment of Floor Clauses
  • Squire Patton Boggs
  • European Union, Spain
  • March 29 2017

The Supreme Court dismissed the appeal by BBVA regarding the retroactive repayment of floor clauses in its first decision since the European Court of


Spanish Corporate-Real Estate Legal Update no 33. March 2017 : A Court in Barcelona DeclaresThat the Clause of Unlimited Personal Liability of a Mortgagor Is Void
  • Squire Patton Boggs
  • Spain
  • March 29 2017

In its judgment of 7 December 2016, Mercantile Court No. 10 of Barcelona upheld, in full, the claim issued by the holders of a mortgage arranged with


The Obligation to Re-employ Following an Invalid Termination of Employment
  • Squire Patton Boggs
  • Belgium, Czech Republic, Germany, Netherlands, Poland, Russia, Slovakia, Spain, United Kingdom
  • February 1 2017

I was driven to write this article by two pieces of seemingly unrelated information. The first was the fact that, in the Czech Republic - after


Issues With Enforcement of Arbitral Awards in Spain
  • Squire Patton Boggs
  • Spain
  • December 20 2016

According to Spanish Procedure and Arbitration Acts, awards can be enforced in Spain before the Courts. In the Spanish legal system, enforcement is


Spanish Corporate-Real Estate Legal Update nº 31. July 2016: The Supreme Court Analyses the Criminal Liability of Legal Persons in a Case of Real Estate Fraud
  • Squire Patton Boggs
  • Spain
  • July 6 2016

In this case the Supreme Court mainly decides on the criminal liability of legal persons following the reform of the Criminal Code, in an endeavour