Primera sesión: "El sector del transporte aeronáutico y marítimo (ONLINE) Como moderadora de esta sesión, me complace facilitar un espacio de discusión y aprendizaje donde se abordaron temas cruciales relacionados con el comercio internacional y el abastecimiento. Las...

Fide is holding this session in ONLINE format using the Microsoft Teams platform. It is necessary to be registered in the Fide Area and request participation in the session*. Speakers: Gabriel Bottini, Partner at Uría Menéndez, international arbitration Ana...

The Commission has recently adopted the proposal for a Directive on enhancing the digitisation of companies. This is a step forward from the previous Directive (EU) 2019/1151, which, together with Directive (EU) 2019/2121, formed the so-called Company Law...

The Sixth Section of Private International Law of the Royal Academy of Jurisprudence and Legislation of Spain is organising an online session on 08 March 2023 at 19.00 hours and coordinated by the Honourable Ana Fernández-Tresguerres, Academic...

The service of civil and commercial documents through diplomatic or consular channels is provided for in both the 1965 Hague Service Convention and Regulation (EU) 2020/1784 on the same subject, which applies to the service of civil and commercial documents...

This matter is of particular importance for international trade given its complexity, and it is relevant that European law is not applicable to it, at least in jurisdictional aspects. This is specifically the result of Regulation (EU) No 1215/2012,...

I participated on 1 December at FIDE in the Cycle of Sessions: Spanish Presidency of the Council of the European Union. We started this cycle of sessions in July 2022, one year before the start of the Spanish Presidency of the Council of the EU, with the aim of creating a...

Since Law 6/2021, of 28 April, which amends Law 20/2011, of 21 July, on the Civil Registry, Spanish notaries are responsible for matrimonial proceedings prior to the celebration of marriages, as well as having the power to officiate...

I was delighted to be part of Fide's 15th Academic Senate on 5 July. The cloister is an academic and social event that is a great opportunity to meet with all the professionals who are part of the foundation. I presented together with...

I would like to share with you my last seminar presented at Fundación Ramón Areces on June 16th. https://www.youtube.com/watch?v=sCFvourwXrc

The climate, as a common problem linked to the very survival of the human species, is incorporated into the discipline of international law, in its areas of public and private law - civil cooperation in European law - and has a regulatory profile:...

RAJYLE's perspective on the multidisciplinary topic of climate change is framed by international action. The Paris Agreement and the United Nations Agenda 2030 being essential, the European Union is incorporating the SDGs (Sustainability Goals) into the action...

On February 23, the long-awaited proposal for a European directive on due diligence in certain companies in compliance with the parameters of sustainable corporate responsibility was published. It completes a package of measures relating to the...

In 2022, it will be ten years since the adoption of R (EU) No 650/2012 on international succession upon death. In the first half of 2012, under the Danish presidency, - a member state that does not participate in civil justice according to its position in the...

The Convention on the future of Europe, whose inaugural plenary session will take place on 21 June in Strasbourg, is a real catharsis for European citizens in a context that is still pandemic throughout the Union. It will address the data economy as a basis for...

As we know (Vid. Iuris@Lex, April 2018), a new Regulation is currently under negotiation within the European Union, in the field of judicial cooperation in civil matters, on the law applicable to the effects vis-à-vis third parties of the assignment of claims. The...

Law 8/2021 of 2 June is undoubtedly one of the major legislative reforms of the last fifty years, in application of Article 12 of the New York Convention of 2006. It amends nine major laws and opts for the technique of ordinary law...

After difficult negotiations, following the Commission's withdrawal of the unnatural Regulation on European sales and the reformulation of the proposal of the current Dir. (EU) 2019/771, the instruments were finalised on 20 May 2019, after...

Among the many new features of European company law at the end of the 2014-2019 legislative period, we find the cross-border division of companies. This structural modification is new in that Directive 2017/1132 on the codification of company law and the...

Sustainability is the new ethic. It is the path that marks the transformation towards a non-carbonised society. The European Green Pact, the Commission's Communication of December 2019, sets out the objectives linked to the 2030 Agenda (SDGs) and establishes the principles of sustainability....

Historically, pandemics have been an opportunity for societies to develop. They have accelerated their evolution in social and economic aspects that would otherwise have required a generation for widespread implementation. Covid 19, the first...

It is true that family law, in many of its elements, is not neutral. For this reason, the debates are intense. Let us remember how, at the dawn of Spanish democracy, a Prime Minister said that what is normal at street level has to be neutral....

It is well known that the formal status in Germany, as opposed to the view, which could be described as näif, of the Spanish Supreme Court ruling of 19 June 2012, is to a large extent linked to the formality of the notarisation by their own notaries.....

Among the many new features of European company law at the end of the 2014-2019 legislative period, we find the cross-border division of companies. This structural modification is new in that Directive 2017/1132 on the codification of company law and the...

We begin 2021 with the illusion of being able to turn the page on the unprecedented pandemic that changed our lives and clipped our wings, and this illusion has a plural name: vaccines. Created and authorised in record time, the aim is to immunise at least one million people in the world....

Digitalisation as a process to transform the economy, together with the political will to drive forward the European Green Deal, have marked the latest pandemic-accelerated momentum in the development of green technologies.

As has already been analysed in this Private Law Observatory, the 2019-2024 legislature began in the European Union with two clear objectives: to move towards a digital Europe and, at the same time, towards a green and sustainable Europe. The health and economic crisis caused by the...

Germany's six-month EU Presidency has shown interest in possible European action in this area. This is based on the well-known Federal Court ruling of 12 July 2018 (Facebook). This judgement opts for the prevalence of the rules...

The pandemic and subsequent confinement of a large part of the Spanish population, together with the adoption of social distancing measures that promote teleworking and naturally limit people's mobility - the new normal - has increased the number of people who have been...

For a little over two years now, a proposal for a Regulation has been under negotiation in the European Union, in the field of civil cooperation, on the law applicable to the effects vis-à-vis third parties of assignments of receivables. At its present stage - which requires work - the...

Pandemics have historically brought forward the implementation of economic and social processes that were already underway in the areas hit by the disease. In the 21st century, the Covid-19 pandemic will undoubtedly sanction the use of new technologies and...

Almost two months after the establishment of the constitutional state of alarm, the technical analysis rationalises the pandemic by establishing emergency legal solutions (see a magnificent e-book compiling these at www.boe.es)....

The European Commission's Communication on a five-year data roadmap is a new milestone in the transformation of the European economy, which started with the creation of the Digital Agenda for Europe in the distant past....

Directive (EU) 2019/2121 amending Directive (EU) 2017/1132 as regards cross-border transformations, mergers and divisions is part of the so-called Company Law Package. It is a reaction to the judgment of the...

On 29 January 2019, Council Regulations (EU) Nos 2016/1103 and 2006/1104 of 24 June 2019 establishing a regime of enhanced cooperation in the fields of jurisdiction, applicable law, recognition and enforcement of judgments in the field of jurisdiction, applicable law, recognition and...

AI APPLICATIONS AND THEIR NORMATIVE CONTEXT The term artificial intelligence (AI) was coined in 1956 at the Dartmouth College Conference (USA) and was already considered bordering on science fiction at the time. But, especially in the early...

Finland holds the rotating Presidency of the European Union for the second half of 2019. Exactly twenty years ago, in 1999, it held the same position. At that time, on 15 and 16 October, the European Council took place in the Finnish city of...

On 13 November, the Plenary of the Constitutional Court published an important judgment on civil law, for which Judge Xiol Ríos was the rapporteur. Five dissenting opinions were issued (Ollero, Montoya, Narváez, Martínez-Vares and Enríquez Sancho). The...

From 9 to 14 September the 20th anniversary of the Jornadas notariales de la Palma took place in Tenerife, coinciding, among other events, with the 102nd plenary session of the American Affairs Commission of the International Union of Notaries. In this context...

In the context of the European Banking Union and in view of the serious problem generated in recent years as a result of the deep economic crisis, the European Commission proposed in March 2018 a package of measures to address the consequences of the crisis...

Although today's BOE publishes an extension in the use of telematic means until 31 July, the law 5/2019 regulating real estate credit contracts comes into force tomorrow, 16 June. After its long parliamentary and administrative path, the...

On 16 June, Law 5/2019 of 15 March came into force, with its pluses and minuses. The law is implemented by Royal Decree 309/2019, of 26 April and Order ECE/482/2019, of 26 April, which amends Order OHA/2899/2011, of 28 October, (in...

The economic crisis of the last decade has led to extensive case law in the field of unfair terms in mortgage contracts concluded with consumers. Its first well-known exponent was the Aziz judgment of 14 March 2013, essentially linked to...

The entry into force on 16 June of Law 5/2019, regulating real estate credit contracts, will mean important new developments in the arrangement of loans for the financing of residential property. Due to its importance...

THE UNNECESSARY LEGALISATION OF DOCUMENTS IN REGULATION (EU) 2016/1191 Regulation (EU) 2016/1191 facilitating the free movement of citizens by simplifying the requirements for the submission of certain public documents in the European Union and simplifying...

A few days ago I read a statistic about the life expectancy and quality of life of women in Europe. I was shocked. Being one of the areas of the world where they live the longest, they are, correspondingly, not among the happiest. By country, in the less sunny ones such as Finland and...

THE MOBILITY OF SOCIETIES IN THE NEW EUROPEAN CONTEXT This is the first time that Romania has presided over the Council of the European Union, and regardless of its internal difficulties, it is doing so in a context of enormous territorial challenges, constitutions and...

In Europe, the courage of two people - an executive and a hairdresser in the City of London, always David against Goliath in big fights, has led to a decision of the London High Court, which is still subject to appeal...

The so-called Company Law Package (CLP), which was presented on 24 April, includes, in addition to the proposal for a Directive on cross-border structural changes - to which I devoted this column in the last issue - a proposal for a Directive on cross-border...

Law 11/2018, of 28 December, in force since 30 December, has two distinct aspects. The first refers to the parliamentary processing of the new validation (following the Resolution of the Congress of Deputies of 13 December of...

ANA FERNANDEZ-TRESGUERRES, JOINS THE ROYAL ACADEMY OF LEGISLATION AND JURISPRUDENCE AS ACADEMIC OF NUMBER The notary of Madrid and member of the Academic Council of Fide, Ana Fernandez-Tresguerres, has formally joined the Royal Academy of...

Estonia holds the rotating presidency of the European Union for the first time this six months, as the United Kingdom relinquishes it in view of its interim period towards disengagement. Its institutional role in Europe has succeeded in popularising its administration...

The current reform of the Regulations of the Mercantile Register (PRRM), among many other considerations, should respect and, if necessary, improve the situation of Spanish family businesses, given their importance in the economy...

After a series of vicissitudes, including the failure of the European Sales Law Regulation, which was supposed to be a giant step towards the dream of the European Civil Code, it finally seems that beyond the 2011 Consumer Rights Directive, the European Civil Code will be...

The resolution of the notarial service of the DGRN of 19 May 2018, issued in consultation with the Notarial Association of Catalonia regarding SAREB, followed by the resolution of 28 June, in consultation with several real estate companies, facilitates the foreclosure...

The European Commission, within the time limit of the feasibility of a legislative procedure (three Presidencies), has been very active in the adoption of proposals in the field of private law. On 25 April last, the initiatives known as "Private...

On 12 March 2018, the Commission published a proposal for a Regulation on the law applicable to proprietary effects in relation to cross-border credit transfer agreements (hereinafter referred to as 'PCAs'). Credit claims...

The recent judgment of the Supreme Court (Third Chamber) of 16 January 2018 once again brings to the forefront the admission of bigamy in Spain. In the case in question, the widow's pension provided for in the pensioners' pension scheme of the Spanish pension system is...

The resolution of the DGRN of 14 September 2016, recently published (BOE of 5 October 2016) and aimed at clarifying the way in which the notary must assess the sufficiency of the representation of a power of attorney subject to English law, has awakened a...

The so-called Digital Revolution III has been consolidated in the last five years by the widespread change in both production systems, which are now fully digitised, and the definitive boom in e-commerce. It brings with it not only new...

Contract law that balances consumer protection and the necessary competitiveness of business is essential to the achievement of the single market, especially the digital one. Despite this, the European Union has shown a remarkable inability to adopt...

On 3 November, the Council of Ministers approved the draft law regulating real estate credit agreements. This regulation aims to transpose Directive 2014/17/EU, with an undeniable improvement in the position of borrowers (see table below).

Winners of the second edition of the García de Enterría European Legal Studies Prize of the Spanish Association for the Study of European Law (AEDEur): In the monograph category: Ana Fernández-Tresguerres García, Las sucesiones "mortis causa" en...

The allusion to the lack of lyrics in our national anthem is, of course, a metaphor. By it I mean the capacity for emotion, for motivation, which, regardless of ideologies, has encouraged the sedition of the Catalan government, a measured sedition, of course, because...

Today a new Royal Decree-Law comes into force, pending its already agreed validation, which aims at the mobility of legal operators in the national territory. The reading of the regulation is clear. It makes no secret of the fact that the aim is to facilitate the...

On 7 October, Royal Decree Law 15/2015, on urgent measures regarding the mobility of economic operators within the national territory, came into force. In the Eleconomista of the same day, I made a conceptual assessment of the regulation, based on the...

Law 7/2017 of 3 August 2017 of the Balearic Islands (BOIB of 5 August) partially modifies the Compilation of Civil Law of 1990. Its Explanatory Memorandum announces a future law on intestate succession. In the law now published, there are relevant topics for...

Law 5/2015, of 25 June, on Basque Civil Law (Basque Law) introduces very important novelties in Spanish Civil Law as a whole. Leaving aside the updating of its Institutions, many of which are customary, it is especially relevant the...

The recent death of Miguel Blesa has immediately put the spotlight on his heirs. I therefore believe that it will be of interest to provide an insight into the system of mortis causa liability in Spain and an opinion on the advisability of...

The interview of a prestigious businesswoman in a certain leading magazine, in which she stated that she had "divorced before a notary by proxy", has caused a great deal of surprise. Personal appearance is compulsory in divorce proceedings, according to Article 82...

At the JHA Council of 8-9 June 2017, a new instrument in the area of civil justice was approved in general approach: the Directive of the European Parliament and of the Council on certain aspects relating to contracts for the supply of goods and services to the...

An action has recently been brought against France for breach of European law, specifically Regulations (EC) No 2201/2003 (Brussels IIa) and 1259/2010, Rome III - to whose enhanced cooperation it is a party - on account of the regulation of the...

The European Union has no company law of its own as there is no legal basis for it (Articles 49 and 50(1) and (2)(g) TFEU). Any action by the Commission is therefore limited and based on political agreement. In its latest Action Plan...

The recent publication of a draft bill on this subject in Catalonia has once again brought the legal treatment of personal will over digital content into the spotlight. The draft legislation can be examined in...

Article 348 bis of the LSC, which had been in the legislative freezer since 2012, barely eight months after its entry into force, was unnoticed on 1 January 2017, after several extensions. Law 25/2011 had added a new cause for...

The Aziz ruling, CJEU 4 March 2013, clearly marked a before and after in Spanish mortgage law. The acute economic crisis and the wave of foreclosures rightly created great social alarm. Also the lack of social instruments and the...

The Aziz judgment, -CJEU 4 March 2013- , in the midst of the economic crisis, marked a turning point in Spanish mortgage law. After its publication, the difficulty of Spanish banks in providing for the successive mortgage payments was revealed....

Developments in European Union law on the treatment of insolvency present two approaches. The first concerns insolvency proceedings, and is represented by Regulation (EU) 2015/848, Recast which will apply, in particular, to insolvency...

The exit of the United Kingdom (UK) is undoubtedly sad and disappointing news for all pro-Europeans. It is also misguided, as it not only highlights the division of the UK along different lines: territorial, age, cultural, occupational, class,...

The resolution of the DGRN of 14 September 2016, recently published (BOE of 5 October 2016) and aimed at clarifying the way in which the notary must assess the sufficiency of the representation of a power of attorney subject to English law, has awakened a...

The regulatory set of instruments that make up the European Union's civil justice system was increased last July with three new regulations. Two of them, which have been negotiated for a long time, required for their approval the cooperation procedure...

One aspect of the financial and economic crisis has been the increase in non-performing loans and the weakening of lending institutions. Faced with this plural phenomenon, the assignment of credit portfolios, heterogeneous in nature and...

The expected ruling of the CJEU on the retroactivity of the refund of amounts obtained by banks through the agreement of the floor clause, which is expected in mid-July, together with the new open fronts for the reimbursement of amounts obtained by the...

BY ANA FERNÁNDEZ TRESGUERRES Justice late is not Justice. This can be said of the decision of the Constitutional Court that delayed its pronouncement for eight years in relation to the Valencian Law 10/2007, of 20 March, on the Economic Matrimonial Regime and therefore to the Valencian...

BY ANA FERNÁNDEZ TRESGUERRES That the appropriate regulation of the electronic notarial deed in Spain cannot be postponed, is amply demonstrated in the international sphere. The absence of notarial action in this area constitutes a gap which, if it is not filled, will be...

BY ANA FERNÁNDEZ TRESGUERRES The development of documentary law towards the e-Justice environment has its fundamental nucleus in notarial deeds, which are legally privileged due to the important effects they produce in the extrajudicial sphere. This makes...

Among the important regulations that the Ministry of Justice worked on during the 10th legislature (2012-2015), Law 29/2015, on international legal cooperation in civil matters (LCJIC), which was delayed in its publication for fifteen years, could go unnoticed. This law comes...

Law 29/2015, of 30 July, on International Legal Cooperation in Civil Matters, dedicates art. 33 to the proof of foreign law and arts. 34 and 35 to the request for information on the law. Although it might seem that the scope of application of this Law...

On 8 March, International Women's Day was celebrated. On this date, every year, the inequality still suffered by women in the world of work is highlighted all over the world, in order to try to overcome it definitively, so that many women are still...

BY ANA FERNANDEZ TRESGUERRES The forthcoming application of Regulation (EU) no. 650/2015 will require a substantial modification of notarial practice. In fact, as of today it has already changed, insofar as the possible professio iuris that the testator...

On 1 March 2016, the system of international guarantees established by the Cape Town Convention - Unidroit, 16 November 2001 - will enter into force in Spain in general terms. To this end, the accession to the Protocol to the Cape Town...

Among the numerous and important legislative modifications that we have witnessed over the last year, the new regulation of extrajudicial auctions, particularly notarial auctions, all of which are compulsorily electronic, should be highlighted. Although the whole...

The appearance of a wreck like the San José with a cargo that, had it reached its destination, would have changed history - in the manner of Hergé's Unicorn - is at first sight a new and surprising fact. Not so ....

Since midnight on 17 August 2015, in twenty-five Member States - the United Kingdom, Ireland and Denmark do not participate - the European Regulation 650/2012 on succession has applied to international inheritances caused by persons who have died since then....

Last December the Commission launched two long-awaited proposals in the area of contract law, aimed at harmonising e-commerce. Both are aimed at boosting the online market in the European Union, focusing on the aspects of e-commerce that...

Law 15/2015, of 2 July, on Voluntary Jurisdiction, among the varied and important competences attributed to notaries, modifies the Civil Code to introduce divorce before a notary. From now on, notaries must enter into a new skin in order to...

BY ANA FERNÁNDEZ - TRESGUERRES Without prejudice to the eventual processing of a law on voluntary jurisdiction, which is increasingly slimmed down, the Draft Law on administrative reform measures in the field of the Administration of Justice and the Civil Registry,...

The absolutely impeccable interpretation given by the Supreme Court Judgement of 3 June 2014, in the report of Judge Javier Orduña, regarding the extension to psychological mistreatment of the cause of disinheritance has given rise to a wide debate...

Spain's ratification of the United Nations Convention on the Rights of Persons with Disabilities of 13 December 2006 will entail the modification of various institutions for the protection of disabled persons, whether minors or adults, with the understanding that...

Without a doubt, the abdication of King Juan Carlos is a historic event of the first magnitude. A large part of Spaniards have lived a lifetime with his figure. Although the democratic maturity of our society is in no doubt, the second transition that is to take place in...

On 30 May, the Council of Ministers received the report of the Minister of Justice on the future Commercial Code, a great work of nearly 1900 articles, a project dreamt up by the second section of the General Codification Commission and which is now being discussed by the...

BY ANA FERNÁNDEZ - TRESGUERRES The Supreme Court ruling of 6 February 2014 decided, not without some controversy, that it is not possible to recognise the incidental recognition of a decision that recognised the filiation by substitution, or by intention, of a homosexual couple who...

In the current economic situation, which we can define as transit - after hell we return to purgatory -, managing to restructure and refinance debt is essential to obtain a new business opportunity to create jobs and growth. The...

The Fide Foundation ('www.fidefundacion.es') under the always lucid and orderly direction of Antonio Garrigues, has promoted a think tank, whose aim is to propose possible legal solutions to the changing technological challenges. It brings together profiles from...

Among the many issues raised by RDL 4/2014, of 7 March (LA LEY. 524973/2014), which adopts urgent measures for the refinancing and restructuring of corporate debt, I would like to highlight the one relating to the documentary form that must be used by...

Regulation 650/2012 is two-faced towards the future and towards the past. It will become applicable, together with its forms, on 17 August 2015. But, prior to that, European citizens will be able to benefit from the framework of the Regulation, even when their will or covenant is...

The recessionary cycle we are going through has shattered many myths. Among them, the axiom that family businesses are better able to withstand negative economic cycles than non-family businesses due to their constant capitalisation process. Companies that...

The recent and sudden death of Rosalía Mera has prompted the publication of several articles on the future succession of the Inditex group of companies. Without forgetting the not inconsiderable patrimony relicted by Mrs. Mera. In the light of what I have read, I dare to write some...

BY ANA FERNÁNDEZ TRESGUERRES The statistics on the weight of family businesses in the business fabric are well known, as well as their diversity and their growing internationalisation, which is notable in specialised SMEs. The European Commission is developing...