Corporate
Differences between abusive agreements, harmful agreements, and agreements contrary to law and public policy.
Abusive agreements are understood to be those that break the corporate principle of community of purpose and solidarity in risks. It involves the benefits of some partners or some administrators…
Abuse of rights in the Shareholders’ Meetings
First of all, it is necessary to briefly mention what an “abuse of rights” is. This concept implies the exercise of a right. Said exercise of this right goes beyond…
Are omnilateral parasocial agreements enforceable against the company?
Shareholders' agreements or extra-statutory agreements are a widely accepted tool in the commercial sphere. Its purpose is to regulate the relations between the partners outside the statutes and the social…
The practical aspects of the appointment of an Auditor
Auditor performs a triple task: Protect the minority partners, the creditors of the company and supervise the Administrators
Does the judge have the capacity to moderate a compensation freely agreed by the parties?
Does the Judge have the power to moderate a compensation freely agreed upon by the parties? At least in Spain, if it does.
The risks of indemnifying those who generate clientele
Generating customers is not without risk. The first of these risks is that it must be compensated under certain budgets.
Compensation for clientele: gross or net? unamortized investments?
Certain precepts of the Agency Contract Law (ACL) apply analogically to distribution contracts. Among them is the indemnity for clientele
Compensation for Clients: What is there to compensate? Supplier’s Enrichment. Debtor’s losses.
The Supreme Court's jurisprudence states that the Agency Contract Act (ACA) is analogously applicable to distribution contracts.
The reintegration and its effects in debt refinancing agreements
To restore or fully satisfy something. Cancellation of a contract or other legal obligation. This is how the RAE defines reintegration and termination. But, what is reintegration in bankruptcy matters?
Extinction of a distribution contract: Unfair Competition?
The compensation for clients is not exclusive to the agency contract. The analogical application of the LCA is applicable to distribution contracts
