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The Supreme Court Clarifies and Redefines Variable Remuneration

Recent rulings of the Supreme Court have introduced significant changes in the way variable remuneration systems must be structured within companies. These are not minor adjustments or merely technical issues. Judgments STS 159/2026 of 12 February and STS 165/2026 of 17 February establish a more demanding framework in which objectivity, transparency and consistency cease to […]

Revisiting Improper Class Formation as a Primary Ground for Declaring the Total Ineffectiveness of a Restructuring Plan: Commentary on the Judgment of the Valladolid Court of Appeal of 11 February 2026

Background of the Case We have recently received the Judgment of the Valladolid Court of Appeal of 11 February 2026, which upheld our challenge and declared the ineffectiveness of a restructuring plan. The case raised three key issues, frequently invoked in challenges to restructuring plans: (i) fraud of law, given that the plan was heavily […]

Pre-Trial Detention and Secrecy of Proceedings: The End of Merely Formal Access? In light of the Constitutional Court Judgment of 23 February 2026

For over a decade, Spanish criminal procedural law has included a key safeguard to ensure that a suspect in proceedings subject to secrecy (secreto de sumario) can effectively exercise their right of defence: their lawyer may (or, as will be seen, may only theoretically) have access to the essential elements of the proceedings underlying the […]

Right of Withdrawal in Professional Companies: Immediate Effectiveness and Loss of Shareholder Status

The recent Judgment of the Madrid Court of Appeal (Section 28), No. 330/2025, dated 27 October, addresses the point in time at which a professional shareholder loses such status after exercising the right of withdrawal in a professional company. This decision is particularly relevant because it rejects the automatic application of the consolidated case law […]

Adapting Contracts to the Unforeseeable: The Application of the Cláusula Rebus Sic Stantibus

Rebus sic stantibus is a legal doctrine that allows for the review or modification of a contract when, after its execution, unforeseeable and extraordinary circumstances arise which fundamentally disrupt the contractual balance between the parties. Originating in case law and applied with considerable caution by the Spanish courts, this principle has gained particular relevance during […]

Employment news after the summer: leave, severance pay and working hours

August is usually a period of rest for most professionals. However, as labour lawyers, we know that summer never means a complete break: there are always legal reforms, regulatory proposals or amendments that directly affect companies and workers. With the end of summer in sight and September just around the corner, it is time to review […]

Legal alert on the establishment of the independent whistleblower protection authority

1.Introduction Setting 1 September 2025 as the official date for the implementation of the Independent Whistleblower Protection Authority (A.A.I.), a body provided for in Law 2/2023 of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption. In view of the imminent entry into service of the A.A.I., we […]

How to successfully manage a tax inspection in Spain: key guide for companies and freelancers

Tax inspections are part of everyday business life in Spain. Whether you are self-employed, an SME or a large company, it is likely that at some point the Tax Agency will decide to review your tax obligations. Knowing how to act, what rights you have and how to prepare can make the difference between a […]

10 Years of Ayuela Jiménez: From an Idea to a Leading Firm

This month, at Ayuela Jiménez, we celebrate our tenth anniversary. Ten years since we embarked on a project born from the ambition to offer a different approach to legal advice in the business world.A decade on, we can proudly say that the project has evolved into a well-established firm, respected in the market and recognised […]

What is an executor in a will?

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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