Current Distribution and Franchise Law

  • Online commerce alert: the new payment standard arrives

    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

    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 European Commission wants a mandatory liability insurance for eBikes

    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'

    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?

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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

    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.

    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

    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

    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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  • The Supreme Court confirms the physical and moral Spanish Costa Concordia passengers damages.

    The Supreme Court confirms the physical and moral Spanish Costa Concordia passengers damages.

    April 29 , 2016 // Legal Reforms and Debate : Liability derived from the use of motor vehicles

    ...

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    \"CASE PRESTIGE\". Compensation up to $ 1 trillion by the insurance of the ship:

    April 08 , 2016 // Legal Reforms and Debate : Environmental liability

    ...

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  • Condemns the Navarre Health Service to 20,000 euros in compensation for delay in diagnosis

    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

    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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