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IS IT POSSIBLE TO ESTABLISH A MORTGAGE LOAN DURING INSOLVENCY PROCEEDINGS?

In this article we shall analyse the interesting pronouncement of the General Directorate of Notaries and Registries (the GDNR) in its resolution dated 2nd December 2019 regarding the possibility of establishing a mortgage loan during the liquidation phase of insolvency proceedings. First of all, we must briefly summarise the stages of Spanish insolvency proceedings. The proceedings have two different stages, namely,…

WHO WILL ASSUME THE DAMAGE SUFFERED FROM THE CANCELLATION OF THE MOBILE WORLD CONGRESS 2020?

The cancellation of the Mobile World Congress (MWC) (as well as the ‘Four Years From Now’ (4YFN), the YoMo and the Xside), which should have started this coming Monday, 24th February 2020 has generated and shall continue to generate damages for a multitude of companies and individuals. The organising association of the mobile ‘phone trade fair itself, the GSMA, estimated…

DISTRIBUTION CONTRACTS: THE VALIDITY OF THE WAIVER OF COMPENSATION FOR A CLIENTELE BASE

One of the most common issues in general practice regarding distribution contracts is understanding that the waiver of compensation for a clientele base, which the distributor has a right to receive upon the completion of the contract, is perfectly agreeable between the parties, in accordance with extensive case law, if no contractual provision has been made in this respect. Case…

DIRECTOR LIABILITY WHEN THERE ARE GROUNDS FOR WINDING-UP. RES JUDICATA – CLAIM PRECLUSION.

Supreme Court judgment of 8th January 2020. The summary of the facts of the judgment are outlined below as follows: Two companies entered into a purchase option contract regarding some properties. In accordance with the contract, the purchaser paid part of the price upon signing the contract and after a short time, having met the agreed conditions, the seller called…