Archive for category: Commercial and Civil Procedure

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Fake news, protection of the right to honour and liability of digital platforms in the civil sphere

Barely a week ago, the ruling of the 6th section of the Criminal Division of the Barcelona Provincial Court, which contained the first conviction in Spain for disseminating fake news, was made public through the media. In…

Profound modification of the revised text of the Insolvency Law and restructuring mechanisms

Last September 6, Law 16/2022 of September 5 was published in the Official State Gazette (BOE), by which a profound reform of the Consolidated Text of the Insolvency Law was carried out, by means of which Directive 2019/1023…

When it comes to phishing and bank smishing, complain to your bank

The vulnerability of older people to the digitalisation of banking services. "I'm old, but I'm not an idiot", the onus is on the bank. 1. Proliferation of different types of crime involving money deposited in banks There…

Attention: last days to register in the Register of Large Housing Holders

The Catalan Law 1/2022 of 3 March to address the housing emergency introduced, among other measures, the obligation for large housing tenants to register in the new Register of Large Housing Tenants On 8 March last, Catalan…
La estafa del “Man In the Middle” y sus consecuencias civiles

The Man In the Middle scam and its civil consequences

How does it affect the performance of a civil or commercial contract when a hacker intercepts the debtor's payment, and is the debtor released from the obligation? I present to you the following factual situation: ENTERPRISE,…
“falso asesor” o “Boiler Room”

The "Boiler Room" scam in cryptocurrency investments

Notes characteristic of the usual operation in scams committed by a "fake advisor" to small cryptocurrency investors. In the midst of the cryptocurrency and NFT boom, the proliferation of exchange platforms and the internationalisation…
phishing bancario

I have been a victim of bank phishing, can I complain to my bank, do I have to file a complaint?

Financial institutions may be liable for losses suffered as a result of bank phishing unless the customer acted with gross negligence or fraudulently More and more cases are coming to AddVANTE's litigation department…

Lifting the veil. Possible liability of the partners for the company's debts

Analysis of the SC ruling of 5 October 2021, which applies the doctrine of the lifting of the veil, making those who were partners liable for the company debt after selling the shares and ceasing in their management positions. Sometimes…

Euthanasia and living wills

The Spanish legal system regulates for the first time the right to active euthanasia, which will coexist with the right to passive euthanasia, with regard to which the living will is a written provision of fundamental importance. After…
Modificación del texto refundido de la ley concursal

Imminent amendment of the revised text of the Insolvency Act

The agreement of the Council of Ministers on 3 August sets in motion the process of transposition of Directive 2019/1023 which will entail substantial changes in the pre-bankruptcy mechanisms and in the "second chance law". On…

The creditor's right to claim EUR 40 per unpaid invoice

Analysis of the ruling of the SC (Contentious Chamber) of 4 May 2021, which resolves the question of whether the measure provided for in art. 8 of Law 3/2004 allows 40 euros to be claimed for the total amount of the debt…
Condonación parcial de los créditos ICO

Partial cancellation of ICO loans, new extensions and conversion into equity loans

The Government has approved a Code of Good Practices specifying the requirements and scope of the partial cancellation of the financing guaranteed by the Government granted during the pandemic, in addition to agreeing a new…

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