The law surrounding contracts in Spain is much simpler than that in the UK. In the UK contracts can be as simple or complicated as we choose to make them however in Spain the law is established and well defined. The background and the context in which the contract is applied can be much more complicated though, creating a whole host of problems.
One of the possible problems concerns the issue of jurisdiction and whether Spanish or English law applies to the contract. When contracts are drafted to cover business dealings in more than one country, these issues may add to the confusion.
There are several different types of contracts that as a business person you may need to use, including supplier and distribution contracts, those covering the purchases of properties or companies and loan agreements (both business and personal).
Insurance and guarantees, although used globally, are a very British feature. Having indemnity insurance to protect you and your customers if things go wrong is common business practice in the UK. This practice has not necessarily travelled well to our business cousins in Spain, it is therefore very common for businesses, including legal practitioners, to have little or no insurance or offer any warranties. This means that if a business goes bankrupt there will be few guarantees or protection for suppliers or customers alike.
As part of the Irwin Mitchell group, the team at Irwin Mitchell Abogados is able to offer sound legal advice which is supported by Irwin Mitchell insurance and indemnity policies.
The team know from the past bitter experience of some of their clients, that foresight and seeking advice before committing to a contract will save time, money and a great deal of stress. So if you want to discuss an existing contract or are taking advice before entering into a contract please come and talk to the team.
For more information and free advice, please contact us.