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Considerations on the Cassation Appeal. The Supreme Court does not constitute the third instance

20 JUL 2023

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Streitigkeiten

Within our legal system, the cassation appeal is regulated as an exceptional appeal and not as a “third instance”. That is to say, it is not possible to claim a judgment on appeal mereley because it is considered that an incorrect evaluation of evidence has been made or that allegations have...

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The statute of limitations for civil liability in criminal proceedings

09 MAI 2022

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Streitigkeiten

On 13 November 2020, the Supreme Court passed judgment no. 4056/2020, which analyses whether the statute of limitations and/or the expiry of civil liability in criminal proceedings can be applied. Specifically, the Provincial Court of Barcelona sentenced a person to pay compensation of more than 130,000 euros in damages for the commission of ...

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Joinder and the legal standing of co-owners of a property to take legal action

10 MÄR 2022

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Streitigkeiten

The Supreme Court handed down judgement no. 105/2022 on 8 February 2022, in which it analyses the case of a claim for termination of a purchase contract due to non-payment of the deferred price, with a debate on standing to sue given that the claim was filed by only one of the two ...

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Misappropriation crime: unfair administration.

01 FEB 2022

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The Supreme Court recently issued sentence nº 1006/2021 dated December 17, 2021, which analyzes the crime of unfair administration, a subtype of misappropriation. In this specific case, the condemned party took money for personal gain from assets property of a Real Betis Balompié football player and from a company whose administrator and sole sh...

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Supreme Court ruling on the nullity of a franchise agreement when the franchiser imposes a fixed price for the product.

16 SEP 2021

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Streitigkeiten

The Supreme Court has issued Ruling No. 587/2021 dated July 28, 2021, which analyses and assesses a case of nullity of a franchise contract due to the imposition of a fixed price by the franchiser in relation to the products, which is considered a restrictive conduct of competition. The judgement cites precedents of ...

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Draft Bill for the Reform of the Insolvency Law

06 SEP 2021

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Streitigkeiten

The Draft Bill for the Reform of the Insolvency Law, drafted by the Ministry of Justice, was published in July this year. The purpose of this Draft Bill is to adapt the insolvency law to the European Directive 2019/1023 on restructuring and insolvency. Although it is a Preliminary Draft, that is, ...

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Supreme Court ruling on the confrontation between the right to honour and freedom of expression.

01 JUN 2021

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On 20 April 2021, the Supreme Court of Spain handed down judgment no. 222/2021, upholding the appeal and declaring that a series of opinions published by a lawyer in a blog and on Twitter did not violate the right to honour of the plaintiff companies because it is his freedom of expression that ...

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Debate on substantive and procedural deadlines.

14 ABP 2021

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Streitigkeiten

On 20 November 2020the Provincial Court of Zaragoza handed down judgment 287/2020, which declared the expiry of the invalidity action of a resolution of a homeowners’ association meeting, and therefore the inadmissibility of the lawsuit filed seeking to exercise said action. Specifically, the meeting had taken place on 2 September 2017, and the lawsuit wa...

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Supreme Court ruling on image rights in advertising.

06 ABP 2021

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Streitigkeiten

On 9 March 2021, the Supreme Court handed down judgment 133/2021, which analyses a claim of intrusion to the right to one’s own image by the plaintiff, who is a professional model, due to exceedances on the part of a client in the use of photographs for an advertising campaign, in accordance wi...

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Extension on insolvency moratorium.

24 MÄR 2021

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Streitigkeiten

One year ago now, on 17 March 2020, Royal Decree-Law 8/2020 was issued to suspend the obligation to file for insolvency proceedings for the duration of the state of alarm and the non-acceptance of applications for insolvency proceedings (when a creditor requests the declaration of insolvency of a debtor) during this period. This ...