PRACTICE AREAS

The Firm BOSCH & BILBAO offers a wide range of legal services aimed at both employers and individuals, in different branches of law.

We apply our knowledge and technical skills in order to obtain the best outcome for our clients' interests.

We offer the best lega advice and the most advanced technical means, to prepare any legal analysis you need.

Our specialties are:

COMMERCIAL LAWCIVILCOMPANY INSOLVENCIES AND RESTRUCTURINGREAL ESTATE AND URBANADMINISTRATIVE LAWLITIGATION AND ARBITRATIONTOURISM LAWCRIMINAL LAW

COMMERCIAL LAW

GENERAL ADVICE FOR CORPORATIONS

- Formation of all types of commercial entities and assessment on the most suitable vehicle for new business ventures.
- Legal development of commercial companies.
- Advice for decision-making, administrative and managerial bodies.
- Preliminary studies in specific areas of activity. Corporate restructuring. Corporate mergers and acquisitions. Global asset disposals. Family protocols. Duties and responsibilities of managers and shareholders.
- Board Secretary performance in all kinds of companies.
- Shareholders agreements.

 

COMMERCIAL CONTRACTS

- Advice on all types of commercial contracts subject to national, european or international law.
- Agency, distribution, concession, franchise and supply agreements.
- License and outsourcing contracts.
- Works and industry agreements.
- Personal and in rem agreements.
- Law on negotiable instruments (Bills of exchange, promissory notes, notes, checks, ....).

 

INVESTMENTS IN SPAIN

- Legal assistance of foreign investments in Spain.
- Legal due diligence.
- Companies, businesses and assets acquisitions.
- International trade.

 

FAMILY BUSINESS

- Legal counseling to family businesses with special emphasis in the design of the reorganization and reestructuration of the business, planning handover processes, tax payments, evaluation of assets and shareholders agreements.
- Legal aspects of Family Protocols
- Design and integration of the subsequent actions to be developped related with other areas of Law (succession of the state, tax Law, labour and commercial Law).

 

INTELLECTUAL PROPERTY

- Patents and trademarks.
- Agreements and registration of intellectual property rights. Performing in the World Intellectual Property Organization (WIPO), the European Patent Office (Múnich) and the Office for the Harmonization of the Internal Market (OHIM).
- Protection of distinctive signs.
- Image and Publicity rights.
- Copyright.
- Advertising Law.
- Audiovisual rights.
- Competition Law and unfair competition.
- Information Technology. Internet domains registration, domain recovery, procedure of court settlement of disputes arising from domain registration, drafting legal clauses to use web pages.

 

CIVIL

FAMILY LAW

- Divorces and financial settlements on divorce.
- Marriage annulments.
- Cohabitation and civil partnerships.
- Children matters and child custody.
- Adoptions.
- Paternal authority.
- Legal disability.
- Tutelage, guardianship protection.
- Pensions.
- Modification of civil measures.

 

CIVIL CONTRACTS

- Sales contract.
- Full range of lease agreements.
- Bailment contract.
- Assignments of claim.
- Professional collaboration contract.
- Comission contract.
- Gratuitous bailment contract.
- Service and work contracts.
- Option to purchase contract.
- Loan contract.
- Life annuity contract.

 

WILLS AND INHERITANCE

- Estate planning. Counseling and design in Inheritance tax law, commercial law and international estate options.
- Drafting of wills.
- Revocation of wills.
- Intestate proceedings.
- Contentious probate involving dispute or defective wills.
- Administration of estates including realization and distribution of assets.

 

CIVIL LITIGATION

 

INSURANCE

- Study, analysis and interpretation of the insurance contract.
- Legal advice to insurance companies.
- Legal defence and claims, either judicial or extrajudicial for liability, property and personal damages: life, accident, theft, home, damage, water damage, fire loss, industrial and loss of profit.
- Traffic accidents.
- Claims and execution of down payment guarantees from insurance companies in the sale of properties under construction.
- Friendly and in-court claims against insurance and bond companies for insured operations and in case of third-party insolvency.
- Portfolio assignments.
- Maritime and air transport and logistics insurance.

 

LEGAL COUNSEILING TO ASSOCIATIONS, FOUNDATIONS, COOPERATIVES, FEDERATIONS AND CIVIL SOCIETY AGROUPATIONS.

 

PRIVATE INTERNATIONAL LAW

Due to our location in a touristic area as the Costa Brava and the international spirit of its lawyers, the Firm performs in:

- Wills and inheritance. Estate planning. Drafting of wills from foreign citizens belonging to the EU and not belonging to the EU. Intestate proceedings from foreign citizens belonging to the EU and not belonging to the EU. Study, design and counseling for the best will options in international estates.
- Family Law. Adoptions and filiation. Marital law and divorces. Pensions claim. Dual citizenship.
- Assessment in conflicts of jurisdiction and laws. Affidavit.
- Recognition and enforcement of foreign judgements and arbitral awards.
- Requests for liens and cross border executions.
- Documents authentication. Annotation (foodnote).

 

ARBITRATION
 

 

COMPANY INSOLVENCIES AND RESTRUCTURING

COUNSEIL IN INSOLVENCY SITUATION

- Restructuring of business in order to business viability.
- Refinancing and restructuring of debts.
- Negotiation with banks and financial institutions.
- Stand stil agreements and bridge loans.
- Structuring of security packages.
- Structure of investments in distressed assets and debt of companies in crisis.
- Mediation and out-of-court settlement conflicts.
- Organized and ordered private liquidation of the company, without going to court.

 

BANKRUPTCY PROCEEDINGS

- Advice on winding-up processes.
- Directors duties and liabilities.
- Bankruptcy and creditors agreement.
- Advice to the receivers.
- Redundancy dismissal procedures.
- Advice to insolvency receivers.
- Counseling in the liquidation.
- Recognition and enforcement of foreign insolvency judgements.
- Structuring investments in assets and debts affected in a bankruptcy.

 

CREDIT PROTECTION AND NEGOTIATION

- Recovery of credit in bankruptcy proceedings.
- Settlements and court negotiations.
- Protection of creditors rights.
- Enforcement of securities.
- Recognition and enforcement of foreign credits and securities in Spanish insolvency proceedings.

 

 

REAL ESTATE AND URBAN

REAL ESTATE DEVELOPMENTS

- Acquisition of land.
- Exchanges of land and buildability.
- Contracts for the comercialisation of real estate assets (e.g. leases, assignments for the use of land).
- Real estate finance: Project finance, mortgage finance, structured finance, mortgage edfication rights.

 

CONSTRUCTION CONTRACTS

- Real estate developments, construction and technical contracts.
- Real estate sale and purchases.
- Exchange of land agreements.
- Surface agreement.
- Options to purchase.
- Technical consultancy contracts.
- Contracts of architecture.
- Engineering contracts.
- Project Management.
- Construction Management.
- Liability and risks study of construction agents.

 

CONTRACTS FOR THE COMMERCIALISATION OF REAL ESTATE ASSETS

Legal counseling and negotiation in real estate transactions, such as:
- Hotels and buildings lease agreements.
- Wide expertise in the legal advice of construction projects and lease agreements of offices, retail or mixed-use, out-of-town retail, nursing homes, leisure buildings, distribution and logistic complexes and industrial estates.

 

CONDOMINIUM PROPERTY ADVICE

- Legal support to estate manager firms.
- Business conveyancy contracts.
- Study and design of creation of condominium regimes and real estate developments and mixed use buildings.
- Drafting of statutes.
- Claim of contributions.
- Objection to the community agreements.
- Actions to determine the liability of the government bodies.
- Legal claims for bad execution of works.

 

PLANNING

- Planning.
- Urban Management.
- Urban planning instruments.
- Development and zoning agreements.
- Processing and obtention of permits and licenses.
- Urban sanctionning proceedings.
- Building rights and use of land.
- Planning and uses changements.

 

REAL ESTATE LEGAL DILIGENCE

 

ADMINISTRATIVE LAW

EXPROPRIATIONS
- Expropriation, compulsory purchase and compensation proceedings.
- Legal advice to expropriated owners in front of Expropriation Juries and contentious-administrative courts.
- Fair price.
- Reversal.
- Water, mines, mountains, coasts and ports.

 

PUBLIC PROCUREMENT
- Public procurement in public infrastructure, fittings and services.
- Public procurement in "excluded sectors".
- Administrative and contentious-administrative appeals.
- Administrative concessions and other forms of administrative agreements and procurement.
- Public sector company procurement.

 

DEFENSE OF THE CITIZEN RIGHTS BEFORE THE ADMINISTRATION
- Claims for liability of the Administration.
- Applications for subsidies.
- Filling for and obtaining administrative licenses.
- Inspection, sanctioning and reimbursement proceedings.

 

CONTENTIOUS-ADMINISTRATIVE COURT AND CONSTITUTIONAL COURT
- Contentious-administrative proceedings in court at first instance.
- Administrative appeals and higher court appeals.
- Interim measures.
- Appeals for the protection of fundamental rights before the Constitutional court.

 

SPECIAL ADMINISTRATIVE LAW. REGULATORY.
- Legal support in obtaining, processing or modificating licenses in regulated sectors.
- Energy, planning, telecommunications.
- Data Protection.
- Administrative aspects of the Transport sector.
- Administrative aspects of the Financial sector.

 

COUNSELING TO LOCAL AUTHORITIES
- Advice on design and drafting of new regulations.
- Financial and budgetary.
- Administrative organization: public entities, corporations, groups, foundations, associations and consortia.

 

 

LITIGATION AND ARBITRATION

CIVIL PROCEEDINGS
- Inheritance law proceedings.
- Family law and divorce.
- Judicial incapacity.
- Contract liability and tort liability.
- Product liability.
- Professional Liability.
- Construction law conflicts.
- Condominium property and neihbourhood disputes.
- Urban and rural leases . Claims for payment.
- Judicial proceedings regarding the validity, interpretation and enforcement of civil agreements.
- Proceedings to terminate and rescind agreements.

 

COMMERCIAL PROCESSES
- Corporate litigation and challenging of company resolutions.
- Liability of managers and board directors decisions.
- Unfair competition judicial actions.
- Commercial agreements disputes: agency, distribution, concession and franchise, etc.
- Judicial proceedings regarding the validity, interpretation and enforcement of commercial agreements.
- Proceedings to terminate and rescind agreements.

 

ENFORCEMENT PROCEEDINGS
- Personal and in rem (pledges and mortgages) guarantees.
- Provisional enforcement of court resolutions and enforcement of judicial resolutions.
- Enforcement and disputes in bills of exchange, checks and promissory notes.
- Interim meausures in claims for payment proceedings.
- Enforcement of international judicial resolutions.

 

FUNDAMENTAL RIGHTS PROCESS AND PERSONALITY
- Protection of fundamental rights, before the ordinary courts or court od last resort in Spain. Breaches of honor, privacy and personal image.

 

ECONOMIC CRIMINAL LAW PROCEEDINGS
- Financial Crimes: fraud, embezzlment and ilegal insolvencies.
- Corporate crimes.
- Forgery.
- Crimes against Public Administrations and crimes against the Administration of Justice.
- Crimes against public order (traffic crimes, etc.).
- Professional malpractice.

 

INTERNATIONAL PROCEEDINGS
- International jurisdiction.
- Determination of governing law.
- Lis pendence and connecting factors.
- Notification and examination of evidence abroad.
- Allegation and proof of foreign law.
- Recognition and enforcement of judicial resolutions.

 

ALTERNATIVE DISPUTE RESOLUTION: ARBITRATION AND MEDIATION

 

TOURISM LAW

BOSCH & BILBAO provides a full legal service specialized in tourism law and its related law branches to owners, operators and investors in the tourism industry: hosting companies (city and vacation hotels, rental companies, apartments rental companies, rural lodgings), caterings, tourism intermediaries (touroperators, travel agencies, online reservation systems) and complementary companies (rental of convention centers, golf courses, ski resorts, malls, etc..).

 

TOURISM REAL ESTATE LAW
- Real estate assets acquisitions for a tourist development.
- Construction contracts of tourism projects.
- Management contracts.
- Lease agreements of tourism assets (hotel lease agreement, etc.).
- Conveyancing of tourism businesses.

 

LEGAL ADVICE TO TOURISM BUSINESSES
- Legal advice prior to the formation and development of the activity of tourism companies.
- Legal due diligence to tourism companies. Preventive assessment of risks and responsibilities in tourism activities.
- Registration, modification and processing of licenses and permits in the spanisch Public Administration and legal support in the admission to international bodies and associations (IATA, etc.).
- Legal protection and intercession with the Tourist Administration Discipline Corps and conflict resolution with other touristic operators and consumers.
- Registration, protection and defense of intellectual property rights, trademarks, copyrights, unfair competition, trade secrets, computer and technology consulting.
- Processing of grants and subsidies.

 

TOURISM AGREEMENTS
- National and international tourism and hospitality agreements. Touroperators, travel agencies, retail agencies, rooms and beds guarantees, packages and incoming hospitality services.
- Electronic hospitality contracts.
- Franchise and touristic royalties.

 

PROTECTION OF CONSUMER RIGHTS
- Packages legislation.
- All kind of claims as a consumer in a tourism product or service: rates issues, quality service, hygiene, delay, loss and cancellations.
- Liability Claims.

 

CRIMINAL LAW

ECONOMIC CRIMINAL LAW
- Financial Crimes: fraud, embezzlment and ilegal insolvencies.
- Corporate crimes.
- Forgery.
- Crimes against Public Administrations and crimes against the Administration of Justice.
- Crimes against public order (traffic crimes, etc.).
- Professional malpractice.

 

 
Can Pansa, 10 Local 17310 Lloret de Mar Girona T 655 138 182 lbilbao@boschbilbao.com
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