Article 461 of the Civil Procedure Law allows a judgement to be appealed by the party that initially would not have done so, but takes advantage of the fact that the other party does so. In this case a separate appeal is filed without limits as to its scope and effects. The reason for this… Brief reflection on the challenge to a judgement and the opposition to an appeal proceedings weiterlesen
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Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law
The Judgment of the Plenary Session of the Constitutional Court (hereinafter TC) No. 31/2019, of February 28, dictates doctrine on the scope of the right of the respondent in enforcement proceedings to demand judicial control ex officio of unfair clauses in consumer contracts, based on an interpretation of the jurisprudence of the Court of Justice… Constitutional protection: Absence of judicial control of unfair clauses that ignore the primacy of European Union law weiterlesen
The Internet of Bodies – Legal implications
Nowadays we expect our TV to know which episode from our favourite series we have yet to see, or that the refrigerator writes our shopping list or that our vacuum cleaner notifies our smartphone when it has vacuumed the whole house while we were at work. All this is possible thanks to the Internet of… The Internet of Bodies – Legal implications weiterlesen
Compensation for the commercial agent after the termination of the contract
The agency contract is one of those types of contracts that are governed by the mandatory rules of the law. Specifically, Agency Contract Law 12/1992, of May 27, is applicable. This law not only determines the contractual relations between the company and the agent during the duration of the contract, but also foresees the consequences… Compensation for the commercial agent after the termination of the contract weiterlesen
Video surveillance in disciplinary dismissal. New data protection regulation
Pamplona Employment Tribunal No. 3 has settled a claim for disciplinary dismissal in a case of aggression on account of a fistfight between two company employees who came to blows. At the end of the working day, two employees were recorded by the company’s video surveillance cameras engaging in a fight in the car park,… Video surveillance in disciplinary dismissal. New data protection regulation weiterlesen
Interposition of companies by private individuals
The Spanish Tax Agency, through its Annual Tax Control Plans, is paying special attention to monitoring the tax risks related to the interposition of companies by private individuals in the process of invoicing personal revenue due to the development of a professional activity. Moreover, it is also keeping track of the risks derived from holding… Interposition of companies by private individuals weiterlesen