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Commercial proceedings

Spanish Supreme Court confirms that a liquidated company is responsible for its debts

The General Directorate for Registries and Public Notaries set a clear criterion: creditors may make claims for outstanding debts from a company, even when the latter has been dissolved and liquidated, given that it maintains its legal personality for the said purposes.

Most jurisprudence has shared the aforesaid criterion, but until now there have been contradictory verdicts, whereby creditors depended on the interpretation of the specific court hearing their plea.

Through this new Sentence, the Supreme Court has unified its doctrine and adopted the criterion of the General Directorate for Registries and Public Notaries: “Creditors should not be deprived of the possibility of directly addressing the company, through representation of its receiver, to present judicial claims regarding the debt”.

Exception of Spanish Court Jurisdiction. Urgent reaction is required to the defendant

When a claim filed in a Spanish Court is received in Italy, it will be rejected if a sworn translation of its text and documents is not attached. In addition, it should be borne in mind that the procedural term for filing a defence is 20 business days (Saturday and Sunday not included) from the date notice is served.