The executor is the individual appointed by the testator to implement the provisions of their will, ensuring their wishes are fulfilled. Pursuant to Article 893 of the Civil Code, only those of legal age with the capacity to enter into binding obligations may serve in this role. Duties of the executor The purpose of the […]
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Economic Criminal and Criminal Compliance
WHEN CAN A NEGOTIATION IN WHICH A LAWFUL EVIL IS ANNOUNCED BE CRIMINAL?
28
May
May
As we explained in our previous article of 3 March 2025 (When is intimidation criminally relevant?), there are certain situations in which any person – regardless of their status or profession – may experience a negotiation in which a legitimate evil is announced to them if they do not comply with an equally legitimate condition. […]
23
May
May
What is the paralysis of corporate bodies? Pursuant to Article 363.1(d) of the Spanish Companies Act (Ley de Sociedades de Capital), “the paralysis of the corporate bodies in such a manner as to render their functioning impossible” constitutes a statutory ground for dissolution. In such cases, the company is under a legal obligation to dissolve.However, […]
21
May
May
What Constitutes the Motivation of an Arbitral Award? An arbitral award must meet certain internal requirements, one of which is the duty of motivation. This entails the arbitrators’ obligation to present the reasons and grounds underpinning their decision, thereby enabling the parties to understand the essential criteria guiding the resolution of the dispute. However, the […]
21
May
May
On CEO Fraud: Concept and Features With the recent surge in the use of digital tools in business, warnings about the potential to fall victim to scams or fraud via the internet have become increasingly common. This post addresses the so-called “CEO fraud”, which, although a relatively novel concept, has already been legally defined through […]
07
May
May
The recent Organic Law 1/2025 of 2 January, on measures regarding the efficiency of the Public Justice Service, has introduced significant legislative reforms that have gained particular prominence in the current legal landscape. Specifically, and with effect from 3 April, one notable amendment is that introduced by Final Provision Twenty-Six of Organic Law 1/2025, which […]
23
Apr
Apr
1. Litigating Against a Foreign Parent Company: The Dilemma of Service via Subsidiary In an era of increasing cross-border litigation, particularly concerning competition law, numerous multinational corporations face lawsuits filed in jurisdictions where they operate through subsidiaries, including Spain. In this context, a crucial question frequently arises: Is it valid to serve a lawsuit on […]
14
Apr
Apr
Legislative Reform: Impact of Organic Law 1/2025 on the Social Jurisdiction In line with our previous publications, in which we highlight significant legislative developments introduced by the recent Organic Law 1/2025, of 2 January, on measures to improve the efficiency of the Public Justice Service, it is of particular interest to examine the amendments made […]
10
Apr
Apr
On 25 March 2025, the Council of Ministers approved, in the first round, the Draft Organic Law amending Organic Law 10/1995, of 23 November, of the Criminal Code, with the aim of transposing Directive (EU) 2024/1226 to implement the European Union’s (hereinafter, “EU”) decisions in sanctioning matters (hereinafter, “Draft Law”). Objective of Directive (EU) 2024/1226 […]
07
Apr
Apr
On 10 February 2025, the Supreme Court handed down Judgment 205/2025, in which it assessed the likelihood of confusion in relation to a family of trade marks whose dominant element was of limited distinctive character, concluding that, due to the extensive use made of them, this family of trade marks had acquired a level of […]