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EUROPE AND THE US – PROGRESS IN THE REGULATION OF THE TRANSFER OF PERSONAL DATA

A meeting regarding Justice and Home Affairs took place on 2nd June 2016 between the representatives of the United States and the European Union. In said meeting, the transfer of personal data by law-enforcement authorities between the United States and the member countries of the European Unión was dealt with, among other issues. To this effect, the United States and…

COMPENSATION FOR CLIENTELE IN DISTRIBUTION CONTRACTS

One of the essential characteristics of the distribution contract, an atypical commercial contract, is the conventional system of causes for termination, as well as its revocability solely on the part of one of the contracting parties in case of contracts of an undefined duration. Since distribution contracts do not have a specific regulation, they are regulated, because of similarity, by…

CONFLICT BETWEEN COMPANY BY-LAWS AND THE SPANISH CAPITAL COMPANIES ACT (“LSC”)

The Resolution of the DGRN of 30th March 2016 published in the Official State Gazette (BOE) on 13th April 2016, influences situations of conflict between certain provisions of the company by-laws and the Spanish Capital Companies Act (“LSC”). Pursuant to a decision taken by its board of directors, a joint stock company changed its registered office to a different municipality,…

COULD THE REGULATIONS PROTECTING CONSUMERS AND USERS BE APPLIED TO THE GUARANTOR OF A LOAN GRANTED TO A COMPANY?

The answer is yes. The Provincial Court of Pontevedra has decided so in its recent resolution of 6 April 2016, implementing the doctrine established by the Court of Justice of the European Union dated 19 November 2015. Said resolution breaks the link between the main loan contract and the guarantee which warrants it, proceeding to independently analyse the guarantor’s position.…