Spanish Legal Update No 35

    View Author March 2015

    Please find below the March edition of our "Spanish Legal Update" publication, produced by the International Dispute Resolution team of Squire Patton Boggs, which contains some recent judgments given in the field of Spanish Commercial Law.

    This issue contains the following articles:

    The Supreme Court protects third parties in good faith against those acting without formal power of representation

    The Judgment dated October 7th, 2014 issued by the Supreme Court upholds the doctrine of apparent authority and recognizes a guarantee signed by one who did not hold full powers of representation of a company.

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    Judgment against the University of Barcelona as a result of the infringements of intellectual property rights

    A Judgment has been rendered against the University of Barcelona as a result of the infringement of the Intellectual Property rights of the book authors because such university kept an Intranet in which it was uploaded books that students could download free of charge.

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    On the rescission of dividends paid during the suspect period agreed in advanced within insolvency proceedings

    The Supreme Court concluded that although the agreement had been reached out of the suspect period, payment of dividends made in that period shall be terminated.

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    Abusiveness of bank loans granted with promissory note as a guarantee of payment

    New jurisprudential doctrine of the Supreme Court declares the abusiveness of clauses imposed in loan contracts which require the granting of promissory notes as collateral for non-payment.

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    Basic aspects of the reform of the Intellectual Property Act

    On January 1st, 2015 the partial reform of the Intellectual Property Act (hereinafter referred to as the IPA) entered into force. Apparently, such reform shall be considered provisional as it shall be subject to an in-depth review.

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