Spanish Commercial Code: Key Articles & Business Practices

First Practice

First Course

Section 1

I would suggest three principles that provide a special relevance, but there is one thing to note about them.

The provisions in which the company has reached its highest level of general interest are:

• Article 128.1: Himself says article. All this in a market economy. This article, however, is tempered by another article which sets limits, and this article is 33.3.
• Article 129.2: The enterprise.

Second Course

Paragraph 1

It must be a normative use since they supply the absence of law. As a condition of use policy, it must also be legitimate.

Furthermore, it should be obvious (which is recognized by all stakeholders in this area).

If it were not obvious, proof would be required.

Paragraph 2

In accordance with Article 2 of the Commercial Code, the law goes beyond use. But we have to consider whether it is a commercial or civil law. If it is not commercial, but if it is civil.

Aryan cannot organize your business as they please, but employees may be involved.

And another is Article 51 in its paragraphs 1 and 2. A huge social burden. This principle is reflected in the consolidated text of the LGDCU 16/Nov/2007. Thus, this article has to be developed, as there is a specific law that defends users and consumers.

Paragraph 3

You can plan the economy, no doubt. Article 131.1 is undisputed in this regard. But in a systematic and absolute way?

And if planning, Article 38 of the Constitution tells us that planning is the exception, and therefore the market economy is the rule.

It should be noted Article 131 says he can plan the general economic activity for the 3 following purposes (they are in Article 131), and it requires by law that section 131 limits planning.

The article also puts limits in 131.2.

It cannot, therefore, be systematic and absolute.

Second Practice

Paragraph 1

Article 283

Paragraph 2

Article 286. Transgression of authority cannot rely on it.

In the action of someone who is part of the company, the employer cannot violate the faculties.

Section 3

Apparently, they are. They are not because it is a different reality.

Article 283 refers to the factor entered in the register. When the factor has the powers entered in the register, then the employer should be permitted such limitations.

Article 286 clearly states that it refers to the notorious factor. It has no power inscribed in the register and therefore, even if it is a notable factor, compared to that power, the employer can claim the transgression of authority.

Paragraph 4

You cannot. By the principle of formal advertising.