Current Distribution and Franchise Law
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Civil liability for nuclear damage will apply to radioactive sources
June 02 , 2023 // Legal Reforms and Debate : Environmental liability
Published in INESE
Another novelty that this legislative modification brings with it is the geographical scope of the operator's liability in the event of an accident that occurred during the transport of nuclear substances carried out between Spanish territory and the territory of a country that is not a contracti ...
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Commission proposes new liability rules for artificial intelligence
November 04 , 2022 // Legal Reforms and Debate
Published in Cuatre Casas
The European Commission has presented two legislative proposals that introduce liability rules for Artificial Intelligence (“AI”): (i) the proposal to revise Council Directive 85/374/CEE, of July 25, 1985, on the approximation of the laws, regulations and administrative provisions of ...
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The extrajudicial claim against the insured interrupts the prescription period against the insurer
October 28 , 2022 // Legal Reforms and Debate
Published in INESE
The First Chamber of the Supreme Court determines that, since the liability of the insurer that is demanded through direct action is presumed to be the responsibility of the insured, the extrajudicial claim against the latter also interrupts the prescription regarding the insurer. This wa ...
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The Constitutional Court revokes an entry into prison for not paying civil liability for injuring a police officer
March 17 , 2022 // Legal Reforms and Debate
Published in El Salto Diario
The high court recalls that the jurisprudence of the European Court of Human Rights prohibits the imposition of custodial se ...
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The responsibilities derived from COVID-19
January 14 , 2021 // Legal Reforms and Debate
Published in Legal Today
COVID-19 has given rise to a humanitarian and economic crisis worldwide, which reminds us of such disastrous situations as the consequences of the so ...
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TS of Spain establishes that civil liability derived from a firm criminal conviction does not prescribe.
December 23 , 2020 // Legal Reforms and Debate
Published in Diario Constitucional
The highest Spanish Court argued that the execution of civil pronouncements should not be constrained by limits that are not expressly determined in ...
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The judge limits Santander's writings by Popular to his civil liability
July 24 , 2020 // Legal Reforms and Debate
Published in La Vanguardia
The judge of the National High Court José Luis Calama has agreed, in the case investigating the last two management teams of Banco Popular, that it will only admit writings ...
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China's civil code project to improve civil liability system: Experts
May 29 , 2020 // Legal Reforms and Debate
Published in Xinhua Español
BEIJING, May 19 (Xinhua) - A draft civil code to be submitted to the annual session of China's top national legislative body for review will strengthen the civil liability system, ...
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Online commerce alert: the new payment standard arrives
August 09 , 2019 // Legal Reforms and Debate
Published in Cinco Días
As of September 14, the rule that, in November 2018, transposed the European Union directive against fraud and the use of sensitive information in digital payments w ...
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Civil liability 'ex delicto': causal interference of the victim
July 05 , 2019 // Legal Reforms and Debate
Published in El Economista
The criminal action also makes it possible to combine the civil action for compensation. Any person responsible for a crime is also civilly if the act of willful or reckless has ca ...
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The TS sets the 'dies a quo' on the date of cure or stabilization to claim for defective health benefits
April 22 , 2019 // Legal Reforms and Debate : Professional Liability: lawyers, doctors and other professionals
Published in Noticas Jurídicas
The TS, Administrative Litigation Chamber, in its ruling of April 4, 201 resolves that the period of one year to claim for a defective health benefit, begins the day ...
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The European Commission wants a mandatory liability insurance for eBikes
June 01 , 2018 // Legal Reforms and Debate
Published in Tradebike
La Comisión Europea, el órgano ejecutivo que se encarga de proponer la legislación de la Unión Europea, ha lanzado una cruzada contra las bicicletas eléctricas. Según el organismo oficial, las eBikes se deben considerar vehículos m ...
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The City would be the subsidiary civil liability in the case of 'Lope de Vega'
May 18 , 2018 // Legal Reforms and Debate
Published in El Faro de Ceuta
The diligences that for almost two and a half months has been the head of the Court of Instruction No. 2 for the alleged commission of several crimes of sexual abuse by a worker of the Employment Plan on ...
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Can you ask for compensation for the repair of the vehicle after an accident even if it has not been repaired yet?
December 22 , 2017 // Legal Reforms and Debate : Liability derived from the use of motor vehicles
Published in Diario la Ley
Condena a pagar el importe íntegro de la reparación del vehículo siniestrado aunque dicha reparación aún no se haya realizado Audiencia Provincial Valencia, Sentencia 7 Junio 2017 ...
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Judgment Valladolid Provincial Court of 8 May 2017
September 22 , 2017 // Legal Reforms and Debate
The Civil Liability Insurer of a Legal Adviser was acquitted for actively participating in the design of a strategy for the benefit of the client, knowing both that a tax offense was committed ...
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Judgment nº 348/2017 of TS, Room 4 of the Social, April 25, 2017
July 07 , 2017 // Legal Reforms and Debate
Published in Vlex
There is no responsibility of the insurer when the loss is communicated in a period superior to that which appears as temporary limit of the risk protected in the insurance contract ...
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Judgment of the ECJ / CJEU, Sala Octava, of 11 May 2017
June 02 , 2017 // Legal Reforms and Debate
Published in Editorial Jurídica Sepin
The air car ...
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Professional responsibility of the tax adviser who does not submit the documentation required by the AEAT to justify expenses deductible from his clients' personal income tax
April 28 , 2017 // Legal Reforms and Debate
Published in Diario la Ley
Audiencia Provincial de Madrid, Sentencia 14 Noviembre 2016 ...
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Judgment nº 147/2017 of TS, 1st Chamber of the Civil, March 2, 2017
April 07 , 2017 // Legal Reforms and Debate
Published in VLex
The Supreme Court, in its judgment of the First Chamber, No. 147/2017, of 2 March, considers that the assimilation of the invalidity pension in the collective insurance policy to "high dependency" or "major disability" insurance, Becomes a clause limiting the right ...
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Judgment nº 36/2017 of TS, First Chamber of Civil, January 20, 2017
March 17 , 2017 // Legal Reforms and Debate
Published in VLex
Differences between Health Insurance and Health CareIn health insurance, the Insurer-medical relationship and the Clinics is contractual while the Insured (patient) -Insurance relationship is non-contractual.In healthcare insurance, the first (medical i ...
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El Supremo forbids publishing without permission photographs taken from Facebook
March 10 , 2017 // Legal Reforms and Debate : Consumer Rights: consumers and users defense
Published in El Mundo
The Supreme Court has ruled in a ruling that to publish in a newspaper the photograph of a person taken from his Facebook account requires his express consent, since the opposite supposes an illegitimate intrusion into his right to own image. ...
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The TS unifies the different criteria applied by the Court and determines the date of accrual of default interest payable by the Insurer of the accident suffered, not the declaration or recognition of the disability or incapacity
March 03 , 2017 // Legal Reforms and Debate
Published in VLex España
Judgment nº 736/2016 of TS, First Chamber of Civil, December 21, 2016 ...
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Second ruling of the case "dieselgate"
January 20 , 2017 // Legal Reforms and Debate : Liability derived from the use of motor vehicles
Published in Noticias Juridicas
Second judgment partially assessing the claims of a consumer affected by the 'dieselgate' case (software that manipulates pollutant emissions from vehicles), and condemns SEAT of the Volkswagen group and the marketing company to jointly pay € 500 compensation For moral damages. ...
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An insurance company is ordered to pay 1.5 million euros to the family of a man who underwent life insurance one year before committing suicide
December 02 , 2016 // Legal Reforms and Debate
Published in Poder Judicial
The insurer alleged that the policyholder provid ...
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Judgment No 481/2016 of TS, 1st Chamber, Civil, July 14, 2016
October 21 , 2016 // Legal Reforms and Debate
Published in VLex
In an incident in which two insurers are the same it can not apply the economic limitation allocated for legal expenses by the free choice of lawyer and solicitor. ...
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Judgment No 514/2016 of TS, 1st Chamber, Civil, July 21, 2016
October 07 , 2016 // Legal Reforms and Debate
Published in vlex España
The Supreme Court condemns the insurance company to pay 1.5 million euros to a family life insurance underwritten by the father a year before committing suicide. Considers that evidence not hiding relevant data on their economic situation by the policyholder when filling out the application form ...
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First sentence in Spain gives reason to Volkswagen-Audi in the case of software that "allegedly" altered data pollutant emissions in the test.
July 08 , 2016 // Legal Reforms and Debate : Environmental liability
Published in VLex
On 19 May 2016 the Court of First Instance and Instruction No. 1 of Torrelavega (Cantabria) gave judgment in dismissing the lawsuit filed by a buyer of a Volkswagen vehicle against the concessionaire company which concluded the contract of sale and against the matrix of the Volkswagen-Audi brand ...
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CAR INSURANCE
June 17 , 2016 // Legal Reforms and Debate : Liability derived from the use of motor vehicles
Starting next July 1, 2016, all vehicles are insured against extraordinary risks, regardless of the insurance policy they had hired (Law 20/2015, of 14 July, management, supervision and solvency of insurance companies and reinsurers in the Legal Statute of the Insurance Compensation Consortium) ...
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Exclude insurance coverage transport damage to the goods during loading or unloading, it is a harmful and ineffective clause if it has not been expressly permitted by the Insured.
June 10 , 2016 // Legal Reforms and Debate : Liability derived from the use of motor vehicles
Published in vlex
INSURANCE CONTRACT. Of transport. the claim for compensation for dama ...
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Judgment of the TS, 4th Chamber of the Social, February 18, 2016
May 27 , 2016 // Legal Reforms and Debate
Published in Vlex España
The insurance company is not liable for accidents at work if you are not communicated within listed as protected configurator risk in the insurance contract. ...
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The Supreme Court in its Judgement No. 185/2016 of 18 March, condemning the owner of the nightclub for injuries caused by stepping on a glass broken, the risk created without guilt
May 13 , 2016 // Legal Reforms and Debate
Published in Poder Judicial
Summary Judgment:tort: injuries by stepping on broken glass in a nightclub. Statute of limitations: interruption by criminal complaint. Fault liability and strict liability. Burden of proof of guilt. ...
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Condemns the Navarre Health Service to 20,000 euros in compensation for delay in diagnosis
April 01 , 2016 // Legal Reforms and Debate : Professional Liability: lawyers, doctors and other professionals
Published in Derecho News
The Superior Court of Navarra (TSJ) has condemned Navarro Health Service (NHS) to pay 2 ...
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the causal link between the hamstring injury and pulmonary embolism caused the death missing, so that insurance should not assume the additional coverage of death by accident
March 18 , 2016 // Legal Reforms and Debate
STS, First Chamber, Civil Division, 709/2015, of 18 DecemberResource 2466/2013. ...
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The Supreme Court sets doctrine and condemns an insurance company
November 30 , // Legal Reforms and Debate
Published in La Tribuna de Ciudad Real
The High Court agrees with the Court of Ciudad Real and condemns the company to pay the civil liability in the cause of the run over by a man to his brother-in-law in the La Granja ...
