Litigation
Royal Decree 16/2020 on Procedural Measures, Blade Runner and Desperate Lawyers
since March 14th, 2020, the terms and deadlines for proceedings have been suspended. This has paralysed the entire administration of justice, suspending deadlines, trials, proceedings, executions, collections, etc.
The Liability of the Judicial Depositary
The Judicial Depositary is liable when fails fulfilling its duty of care as “a good parent”.
Executory proceeding: fixed debit deed
The Balance Determination Act in the executive proceedings is one of the few reasons for the debtor's opposition. It is definitely underused by debtors' attorneys.
First demand guarantees
The guarantee on first demand (on first demand) has been the best possible guarantee for many years. Another surprising Judgment questions it now.
Rescission in the Bankruptcy Procedure. The Reintegration
The purpose of the rescission action is to prevent the debtor, in anticipation of insolvency, from safeguarding assets, hurting creditors.
Foreclosure Opposition
In procedures for the execution of mortgaged or pledged assets, only the grounds for opposition set forth in art.696 LEC can be included. They are four
Effects of the Bankruptcy Procedure Declaration on Contracts
The most decisive effects of the declaration of the concussion for the continuity of the bankrupt are those that fall on the contracts.
Order for payment procedure
Payment procedure. Regulation and admissibility criteria. Aspects to take into account in matters related to consumers and users.
European order for payment procedure
The EU created a special procedure for the claim of cross-border debts between the member states and it is in force since 2008. Here we introduce it
Jurisdictional and administrative procedures in the Bankruptcy Procedure.
Esquema: Introduction Declarative procedures. 2.1.- Against the debtor. New legal actions filed against the debtor. Continuation and accumulation of pending declarative procedures. Are there any exceptions? What happens when the…
