Civil-Commercial law and arbitration

At Fortuny Legal, we have extensive experience in representing our clients’ interests in civil and commercial proceedings, as well as in arbitration.

Our specialists in compliance, who have deepened their knowledge of the value chain of our clients’ different business models, have enabled us to provide our team with a business perspective, not just a legal one, which is key to an effective defense that is aligned with our clients’ business objectives.

It is worth mentioning that we advise our clients in all phases and instances of such proceedings, in courts throughout the country, in matters such as:

Actions of Responsibility

  • Contractual and non-contractual liability
  • Product Responsibility
  • Civil/professional liability
  • Directors and Officers Liability

 

Contracts (validity, interpretation, execution, resolution and termination)

  • Urban leases and horizontal property
  • General terms and conditions
  • Agency, distribution, concession, supply and franchising
  • Procedures on validity, interpretation, execution and termination of civil and commercial contracts
  • Ownership, possession, transfer and administration of real estate
  • Nullity of banking products

Corporate conflicts

  • Conflicts between shareholders/partners
  • Execution of social pacts
  • Liability actions against directors
  • Challenging corporate resolutions and decisions of the Board of Directors
Banking and Insurance Law

  • Advice and defence in the field of banking contracts
  • Advice and defence in matters of insurance contracts

Family and Inheritance Law

Arbitrations before any National Arbitration Court

Enforcement of foreign judicial and arbitral decisions

Our litigation services include:

Creation of procedural strategies
  • Self-possessed conciliation or mediation channels
  • Heterotutelary procedural or arbitration channels
  • Precautionary processes to avoid the risk of frustrating the effectiveness of judicial protection
  • Typified or undetermined precautionary measures
  • Execution or opposition of precautionary measures
Carrying out of extra-procedural actions
  • Administrative claims prior to court proceedings
  • Conciliations and acts of voluntary jurisdiction
  • Preparatory acts
  • Preliminary steps
  • Research and analysis of test sources
  • Preconstitution of tests
  • Evaluation of the possibilities of success
  • Evaluation of the cost of litigation
  • Evaluation of the possibility of recovering legal costs and expenses
Analysis of the capacity to be a party to a judicial or arbitral process
  • Active or passive legitimation
  • Evaluation of the requirements of personification
  • Procedural succession for acts inter vivos or mortis causa.
  • Procedural substitutions
  • Initial plurality of parts
  • Plurality supervened by the integration of contradictory
  • Plurality overcoming by voluntary intervention
Promotion of legal proceedings in accordance with your interests
  • Suitable procedure
  • Competence analysis
  • Declination of jurisdiction
  • Accumulation of processes
  • Preliminary questions
  • Incidental issues of special or prior pronouncement
  • Abstentions or Refusals
  • Judicial assistance
  • Dialogue with judges, magistrates and prosecutors
  • Diligences and follow ups
  • International Cooperation
  • Cessation of legal proceedings and expiration of the validity of the proceedings
Analysis to articulate the defense strategy within the judicial or arbitral process
  • Claims
  • Action techniques
  • Types and causes of procedural requests
  • Evaluation of the formulation of claims
  • Initial accumulation or occurrence of actions
  • Extensions
  • Opposition and resistance techniques
  • Process object disposition behaviors: abandonment, trespassing, transaction
  • Suspension and termination of litigation with predominance of the will of the parties
  • Supervening lack of object
  • Rebellions
  • Answers
  • Counterclaims
  • Exceptional acts of claim
  • Concluding remarks
Development of appropriate evidentiary techniques
  • Utility and prognosis
  • Concrete means of evidence
  • Experts and forensic reports
  • Burden of proof
  • Evidentiary practice
  • Presumptive and critical reasons
Appeals against all types of court decisions
  • Analysis of court decisions
  • Assessment of the likelihood of success of your challenge and its appropriateness
  • Clarification, rectification, correction or supplementation as alternatives before opting for resources
  • Interposition of all type of appeal, cassation, protection, reinstatement or revision; devolutive, non devolutive, ordinary and extraordinary
  • Challenging final judgments in case of revision, rebellion or annulment
Defense in the executive phase or in the case of urgency
  • Impulse or opposition of executive measures
  • Accumulations
  • Money executions in general
  • Foreclosures or foreclosures on particular assets
  • Alternatives to the execution office
  • Opposition options
  • Covenants or promises, restructuring to individuals and dations
  • Conditions and third parties of domain or better right
  • Implementation agreements
  • Administration for payment
  • Executions for services of giving movable or immovable goods
  • Executions for services of making and issuing declarations of will
  • Executions for failure to perform
  • Provisional Executions
  • Revocation of monetary and non-monetary convictions
  • Suspensions
  • Enforcement of arbitral awards

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The firm

 

Specialists in Compliance and Corporate Criminal Defense. Prevention, reaction, training. Members of the Experts Committee that transposes ISO 37301 of CMS, and of the Board of Directors of the Association of Compliance Professionals (Cumplen).

Barcelona

 

Tuset 23-25, 4º Piso
08006 - Barcelona
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Madrid

 

Velázquez, 92, 5º derecha
28006 - Madrid
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Sabadell

 

Av. Francesc Macià 38, 12-5
08208 - Sabadell
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Tel.: +34 937 242 294 | Fax: +34 937 173 638 | info@fortunylegal.com