Litigation in Spain

We offer legal advice and consultancy services in the following fields:

> Employment law.
> Family law: separation and divorce.
> Civil law: obligations and contracts, claims for payment.
> Tax law: tax counselling.
> Criminal law: crime against individuals, financial offences.

Set up according to the Spanish constitution as a social and democratic state of law, the Spanish legal system has defined the state’s judicial power in Title VII. In this title, the sources of justice are the people, and justice is administered in the name of the king by judges and magistrates who are members of the judicial power, independent, immovable, responsible and subject only to the rule of law.

The legal framework set out by the Spanish Constitution is complemented by the Organic Law of the Judicial Power, which establishes the jurisdictional organisation for the purposes of the administration of justice.

Thus, this regulation outlines the five major branches of law used for resolving intersubjective conflicts through this heterocompositive system, as follows:

• Civil
• Criminal
• Contentious-administrative
• Social
• Military

The legal system’s configuration completes the jurisdictional organisation with the law of demarcation and judicial organisation that provides certainty in the determination of the ordinary judge predetermined by the law as a guarantee of the fundamental right to obtain effective judicial protection of citizens in article 24 of Spain’s constitutional text.

Now that the intersubjective conflict has been discussed, the Spanish legal system sets out a series of procedural laws to address different issues. In this way, the civil procedural act has its relative specialities in special laws, such as the voluntary jurisdiction law; the criminal procedural act; the law on jury courts, which are reserved to prosecute certain crimes of special significance; law on penal liability of minors; law on contentious-administrative jurisdiction; and law on military jurisdiction.

All of these laws regulate the different procedures of the sector of the legal system to which the intersubjective conflict is constrained.

All of the above means that knowledge of the procedural law is an essential element when facing a heterocompositive solution (that is, when a third party is not the defendant or plaintiff in the procedure and has no stand in the litigation) within which the lawsuit must be resolved.

In Spain, our multilingual law firm relies on highly qualified professionals and collaborators in these sectors of the legal system — they can give you the necessary counselling and assistance before the court, and you can rest assured they are competent and know of the lawsuit and different jurisdictional instances, both in Spain and abroad.

TRANSPARENCY, MOTIVATION AND SERIOUSNESS

We guide you throughout an entire procedure, offering friendly personalised service tailored to your individual needs, defending your interests at all times, and resolving all your doubts.

WELEX: YOUR LITIGATION LAW FIRM IN MARBELLA

Feel free to contact our offices without any commitment and get a free first appointment.

From Marbella, we offer meticulous and professional service throughout the whole of Spain. Offering high-quality service is our commitment.

WELEX: SPECIALISTS AT SPANISH COMPANY LAW

Definition of Spanish Commercial law: We can define Commercial Law as a set of principles and rules that regulates the status of entrepreneurs and their specific activities.

Commercial Law regulates, among other matters, the formation of companies and their classes, liquidation of mercantile companies, maritime commerce, bankruptcy.

Linked to trade issues is Competition Law and Industrial Property, which includes industrial designs, trademarks, trade names and patents. The trademark is used to recognize your products and services from your competitors,  and grants you the exclusive right to use it for ten years,  and to renew the same for successive periods of other ten years.

COMMERCIAL PLANNING

The commercial planning of your company in Spain is important to avoid tax liabilities.

Our lawyers specialised in Commercial Law are committed to providing advice on:

• Setting up companies.
• Stock capital increase and decrease.
• Transfer of registered office.
• Consultancy service on the corporate object.
• In case you decide to finish your activity in Spain, dissolution and liquidation of the company.

From Marbella, in the province of Málaga (Spain), we offer professional and efficient legal and tax services throughout the whole of Spain.

Our lawyers specialized in Commercial Law will be happy to attend any kind of commercial and tax consultation, to assist you in fulfilling your tax obligations as an entrepreneur and professional. Quality is our commitment. Find out more about our comprehensive service for you and your company by hiring our services relating to Spanish Company Law.

Do you already own a company in Spain? Feel free to contact our accountants in Marbella now for any accountancy and tax enquiry!

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