Bar Practice Qualification Course

1. LECTURE PHASE*
   • LEGAL PRACTICE AND PROFESSIONAL ACTIVITY MODULE (MANDATORY SUBJECTS):

CIVIL AND COMMERCIAL LEGAL PRACTICE

Civil Practice I:

• Introductory session.
• Relationship between the lawyer, the client, and other legal operators.
• Acts prior to the process: Litigation preparation: gathering evidence and documents. ADR and preliminary proceedings.
• ADR PRACTICE.
• Practice in the civil process: principles governing civil process. Strategies for conflict resolution. Lawyer’s role in preparatory and/or avoidance acts in the process. Extrajudicial alternatives.
• The principle of self-dealing. Expiration and prescription.
• Summary proceedings in the LEC and European small claims procedure. Declarative processes: Types and characteristics.
• Precautionary measures.
• PRECAUTIONARY MEASURES PRACTICE.
• Argument phase: Complaint and response.
• COMPLAINT/RESPONSE PRACTICE.
• Voluntary jurisdiction: Characteristics. Types of proceedings. Competence. Means of appeal.
• Preliminary hearing.
• PRELIMINARY HEARING PRACTICE.
• Trial and closing statements.
• Oral trial.
• TRIAL SIMULATION PRACTICE.
• Analysis of judicial resolution. Clarification, supplementation, and other remedies.
• Appeals (I). Means of challenge in civil process against procedural resolutions. Appeals for reconsideration and review.
• Appeals (II): The appeal process.
• APPEAL PRACTICE.
• Appeals (III): Extraordinary appeals: cassation appeal (I).
• Appeals (IV): Extraordinary appeals: cassation appeal (II).
• Execution of judgment.
• PRACTICE: OPPOSITION TO JUDGMENT ENFORCEMENT.
• Foreclosure (1).
• Foreclosure (2). Electronic auction.

 Civil Practice II:

I. REAL ESTATE LAW. URBAN LEASES AND HORIZONTAL PROPERTY

• Review of the legal situation of properties for a transaction (“due diligence”). The sale contract.
• The sale contract for real estate and real estate companies.
• Lease of residential property and for non-residential use.
• Horizontal property in common law and Catalan law.

II. REMEDIES FOR BREACH OF CONTRACT

• Contract breach: contract termination and compensation for damages.
• Compensation claim: attribution criteria and scope of indemnification.
• Change of circumstances: “rebus sic stantibus” clause.
• Construction disputes.

III. OBLIGATIONS GUARANTEES

• Concept of guarantee. Types of personal guarantees: bond, guarantee, sponsorship letters.
• Real guarantees: pledge, mortgage, and others.
• Exchange effects as payment guarantees: bills of exchange, checks, and promissory notes.
• Mortgage loans: (i) problematic clauses and (ii) conflicts in execution (consumer protection).

IV. FAMILY LAW

• Current status of family law. Marriage.
• Breakup of mutual consent relationship: settlement agreement and its types.
• Contested breakup of the relationship: provisional measures, main procedure, and coetaneous provisional measures. The international element: applicable law and jurisdiction.
• Preparation of claim, evidence, anticipatory evidence, and oral conclusions.
• Viewing and commenting on a real case study.
• Economic regime of marriage. Community property: management, classification of assets, charges and obligations, dissolution and liquidation.
• Separation of property. The concept of economic compensation.
• Definitive measures and modification procedure in separation, annulment, or divorce judgments. Forced execution.

V. EXTRAJUDICIAL PRACTICE AND FRIENDLY SETTLEMENTS. LEGAL REPRESENTATION AND PUBLIC REGISTRIES

• Formation and requirements of the contract. Precontract, deposits, and other precontractual forms.
• Non-litigation advice: consultations, reports, opinions. Transaction. Mediation.

Commercial Practice:

1. Commercial and business advice: lawyer and commercial practice. Advice on transactions and their formalization (contract practice).
   1.1 Introduction to the business commercial practice. Different ways of acquiring a business (sale of shares and sale of assets, among others).
   1.2 Letters of intent in sale transactions: what are they and what do they serve for? Practical case resolution.
   1.3 The concept of “Due Diligence” (legal audit) and its relevance in the sale contract. Seller’s liability in sales. Practical case resolution.
   1.4 Sale of shares contract. Practical case resolution.
   1.5 Continuation of the practical case on sale contract. Shareholder agreement. Practical case resolution.
   1.6 Formalization of the sale transaction: signing, closing, and post-closing actions. Most relevant aspects. Practical case resolution.
2. Special Commercial Courts.
   2.1 Theory and practical issues on public and private application of competition law.
   2.2 Public and private application of competition law. Practical case resolution.
   2.3 Theory and practical issues of insolvency law.
   2.4 Insolvency judges. Practical case resolution.
3. Role of the legal practitioner, particularly in insolvency procedures. Obligation of payment orders and public notices.
4. Corporate practice
   4.1 Choosing the corporate structure and regulating shareholder interests. Articles of association and shareholder agreements.
   4.2 Company formation procedures: in-person and electronic incorporation. Practical case resolution.
   4.3 Operation of corporate bodies. Board secretary. Keeping corporate records. Practical case resolution.
   4.4 Duties and responsibilities of directors. Practical case resolution.
   4.5 Amendment of articles of association. Practical case resolution.
   4.6 Company dissolution. Practical case resolution.

5. Commercial arbitration: national and international.
   5.1 Introduction to arbitration. Arbitration agreement: drafting the agreement, form, and issues. Types of arbitration. Arbitration sources and general principles.
   5.2 Arbitrability of disputes, and applicable law by arbitrators.
   5.3 Particularities of arbitration procedure: challenges related to jurisdiction, procedural legitimacy; appointment of arbitrators, recusals, funding provision. Practical case.
   5.4 Arbitration procedure: procedural calendar, bifurcation of procedure; precautionary measures and liability.
   5.5 Party submissions; complaint, response, etc.
   5.6 Evidence in arbitration. Examination of witnesses and experts.
   5.7 Annulment of the award and enforcement of the award. Other remedies against the award.
   5.8 Recognition of foreign arbitration awards.

 

CRIMINAL LEGAL PRACTICE

• Criminal Practice:

I. PREPROCESS PHASE.

• Pre-investigation proceedings.
• Determining the criminal procedure.
• Special rules for legal entities.

II. INSTRUCTION PHASE.

• Complaint or lawsuit?
• Initiation of proceedings.
• Ratification and submission of claims.
• Appearance of the injured party or public plaintiff after the proceedings have started.
• Appointment and appearance of the lawyer and legal representative.
• Practical session.
• Special rules for imputing legal entities in the instruction phase.
• Personal precautionary measures.
• Preliminary hearing for the detained person’s status.
• Real precautionary measures.
• Practical session.
• Specialities regarding investigation proceedings and precautionary measures on accused legal entities.
• Practice of declarations.
• Other proceedings (expert evidence, identification parades, and letters rogatory).
• Practice of searches and communication interceptions.
• Interviews at the penitentiary center.
• Nullity of proceedings incidents.

III. INTERMEDIATE PHASE.

• Dismissal and transformation orders.
• Appeals in the intermediate phase.
• Practical session.
• Draft of provisional qualifications by the prosecution.
• Order for opening oral trial.
• Draft of provisional qualifications by the defense.
• Order for admitting evidence.

IV. ORAL TRIAL.

• Preliminary issues.
• Information on the accusation and possible plea agreement.
• Practical session
• Evidence in the oral trial.
• Suspension of the oral trial.
• Legal entities’ participation in the oral trial.
• Final report.
• Final word.
• Verdict.
• Practical session.

V. APPEALS.

• Appeal.
• Cassation appeal.
• Review appeal.
• Amparo appeal.
• Other appeals.
• Practical session.

VI. OTHER PROCEDURES

• Jury court.
• Minor’s procedure.
• Summary trial.
• Practical session.

VII. PARDONS and PENITENTIARY SYSTEM.

• Pardon application.
• Penitentiary system.

VIII. COMPLIANCE PROGRAMS IN CRIMINAL PROCEDURES AND INTERNAL INVESTIGATIONS

 

PUBLIC LAW PRACTICE

• Administrative processes and public law practice:

…

1. LECTURE PHASE*
   • LEGAL PRACTICE AND PROFESSIONAL ACTIVITY MODULE (MANDATORY SUBJECTS):

CIVIL AND COMMERCIAL LEGAL PRACTICE

Civil Practice I:

• Introduction session.
• Relationship between the lawyer and the client, and with other legal professionals.
• Pre-litigation steps: Preparing for the lawsuit: gathering evidence and documents. ADR and preliminary proceedings.
• ADR PRACTICE.
• Practice in civil proceedings: principles that inform civil procedures. Strategies in conflict resolution. Lawyer’s role in preparatory and/or avoidance steps in proceedings. Extrajudicial alternatives.
• The principle of one’s own actions. Expiry and prescription.
• Monitor process in the Civil Procedure Law and the European small claims monitoring process. Declaratory processes: Types and characteristics.
• Protective measures.
• PROTECTIVE MEASURE PRACTICE.
• Assertion phase: Claim and response.
• CLAIM/RESPONSE PRACTICE.
• Voluntary jurisdiction: Features. Types of proceedings. Jurisdiction. Appeal methods.
• Preliminary hearing.
• PRELIMINARY HEARING PRACTICE.
• Court hearing and closing arguments.
• Summary trial.
• TRIAL SIMULATION PRACTICE.
• Analysis of judicial resolution. Clarification, supplements, and other remedies.
• Appeals (I). Methods of challenging procedural decisions. Appeal for reconsideration and review.
• Appeals (II): Appeal to a higher court.
• APPEAL PRACTICE.
• Appeals (III): Extraordinary appeals: Appeal for cassation (I).
• Appeals (IV): Extraordinary appeals: Appeal for cassation (II).
• Execution of the judgment.
• PRACTICE: OPPOSITION TO JUDGMENT EXECUTION.
• Foreclosure (1).
• Foreclosure (2). Electronic auction.

 Civil Practice II:

I. REAL ESTATE LAW. URBAN LEASES AND CONDOMINIUM LAW

• Review of the legal situation of real estate for a transaction (“due diligence”). The sale contract.
• Real estate and property sales contracts and real estate companies.
• Residential and non-residential leasing.
• Condominium law in general law and Catalan law.

II. REMEDIES FOR BREACH

• Contract breach: contract termination and compensation for damages.
• Compensation claim: criteria for attribution and scope of compensation.
• Change of circumstances: the “rebus sic stantibus” clause.
• Construction conflicts.

III. OBLIGATION GUARANTEES

• Concept of guarantee. Types of personal guarantees: surety, guarantee, sponsorship letters.
• Real guarantees: pledge, mortgage, and others.
• Payment guarantees through negotiable instruments: bill of exchange, check, and promissory note.
• Mortgage loans: (i) problematic clauses and (ii) conflicts in enforcement (consumer protection).

IV. FAMILY LAW

• Current situation of family law. Marriage.
• Mutual agreement relationship breakdown: regulatory agreement and its types.
• Contested relationship breakdown: provisional measures, main procedure, and concurrent provisional measures. International element: applicable law and jurisdiction.
• Preparation of claims, evidence means, anticipatory evidence, and oral arguments.
• Viewing and commenting on a real case study.
• Economic regime of marriage. Community property: administration, classification of assets, burdens and obligations, dissolution, and liquidation.
• Separation of property. Economic compensation figure.
• Final measures and modification procedure in separation, annulment, or divorce judgments. Enforcement.

V. EXTRAJUDICIAL PRACTICE AND FRIENDLY MANAGEMENT. COURT REPRESENTATION AND PUBLIC REGISTERS

• Formation and requirements of contracts. Precontract, earnest money, and other precontractual figures.
• Non-litigation advice: consultations, reports, opinions. Settlement. Mediation.

Commercial Practice:

1. Commercial and business advice: the lawyer and commercial practice. Advice on operations and their formalization (contractual practice).
   1.1 Introduction to business commercial practice. Different methods of acquiring a business (sale of shares, sale of assets, etc.)
   1.2 What are letters of intent in the context of sales transactions? What are they for? Case study resolution.
   1.3 “The concept of ‘Due Diligence’ (legal audit) and its relevance in the sales contract. Seller’s liability in the sale. Case study resolution.
   1.4. The sale of shares contract. Case study resolution.
   1.5 Continuation of the case study on the sales contract. Shareholder agreement. Case study resolution.”
   1.6. Formalizing the sale transaction: signing, closing, and post-closing actions. Key aspects. Case study resolution.
2. Specialized Commercial Courts.
   2.1. Theory and practical issues regarding the public and private application of Competition Law.
   2.2. Public and private application of Competition Law. Case study resolution.
   2.3. Theory and practical issues on Insolvency Law.
   2.4. Insolvency judges. Case study resolution.
3. The role of the Legal Profession in insolvency proceedings. The obligation to pay court orders and notices.
4. Corporate Practice
   4.1. Choosing the company type and regulating the interests of shareholders. Articles of incorporation and shareholder agreements.
   4.2. Company formation procedures: in-person and electronic constitution. Case study resolution.
   4.3. Social bodies’ operations. Secretary of the General Assembly. Maintaining corporate books. Case study resolution.
   4.4. Directors’ duties and liabilities. Case study resolution.
   4.5. Amending the articles of incorporation. Case study resolution.
   4.6. Company dissolution. Case study resolution.

5. National and International Commercial Arbitration.
   5.1. Introduction to arbitration. Arbitration agreement: drafting, form, and issues. Types of arbitration. Sources of arbitration and general principles.
   5.2. Arbitrability of disputes, and applicable law by arbitrators.
   5.3. Particularities of the arbitration procedure: challenges concerning competence, standing; appointment of arbitrators, recusals, provision of funds. Case study.
   5.4. Arbitration procedure: procedural timeline, bifurcation; protective measures and liability.
   5.5. Submissions by the parties; claim, response, etc.
   5.6. Evidence in arbitration. Examination of witnesses and experts.
   5.7. Annulment of the award and enforcement of the award. Other remedies against the award.
   5.8. Recognition of foreign arbitral awards (Exequatur).

CRIMINAL LEGAL PRACTICE

• Criminal Practice:

I. PRE-PROCESS PHASE.

• Pre-investigation proceedings.
• Determining the criminal procedure.
• Special rules for legal entities.

II. INSTRUCTION PHASE.

• Denunciation or complaint?
• Opening proceedings.
• Confirmation and offering of actions.
• Victim or public prosecutor’s representation after the proceedings have started.
• Designating and representing the lawyer and legal representative.
• Practical session.
• Special rules regarding the prosecution of legal entities in the instruction phase.
• Personal protective measures.
• Court hearing of the detained person’s situation.
• Real protective measures.
• Practical session.
• Special rules for investigation proceedings and protective measures for prosecuted legal entities.
• Practice of testimony.
• Other proceedings (Expert testimony, identification line-ups, and rogatory commissions).
• Searches and wiretap procedures.
• Interviews at the Penitentiary Center.
• Nullity incidents.

III. INTERMEDIATE PHASE.

• Dismissal and transformation orders.
• Appeals during the intermediate phase.
• Practical session.
• Provisional charges written by the prosecution.
• Order for Opening of Oral Trial.
• Provisional charges written by the defense.
• Order for admission of evidence.

IV. ORAL TRIAL.

• Preliminary issues.
• Accusation information and potential agreement.
• Practical session.
• Evidence in Oral Trial.
• Suspension of the Oral Trial.
• Participation of legal entities in the Oral Trial.
• Final report.
• Final word.
• Judgment.
• Practical session.

V. APPEALS.

• Appeal.
• Cassation.
• Review.
• Constitutional protection.
• Other appeals.
• Practical session.

VI. OTHER PROCEDURES

• Jury Court.
• Minor’s procedure.
• Fast-track trial.
• Practical session.

VII. PARDONS and PENITENTIARY SYSTEM.

• Pardon request.
• Penitentiary system.

VIII. COMPLIANCE PROGRAMS IN CRIMINAL PROCEDURE AND INTERNAL INVESTIGATIONS

 

PUBLIC LEGAL PRACTICE

• Administrative processes and public administrative practice:
  1) In what framework do Public Administrations operate?: Peculiarities of the legal regime of Public Administrations. How do Public Administrations operate? (I). Characteristics, parties, and common elements of the administrative procedure.
  2) How do Public Administrations operate? (II). Stages and termination of the administrative procedure.
  3) Do Public Administrations control the legality of their actions?: The administrative appeal system and review by the Administration itself.
  4) Submission and resolution of Case Study 1.
  5) What peculiarities does administrative action have? (I). Sanctioning power. Liability for damages.
  6) What peculiarities does administrative action have? (II). Public services and public economic initiative. Public-private cooperation.
  7) What peculiarities does administrative action have? (III). Regulated sectors: energy, communications, transport, water, etc.
  8) What peculiarities does administrative action have? (IV). Compulsory expropriation and urban planning.
  9) Submission and resolution of Case Study 2.
  10) What peculiarities does administrative action have? (IV). Control of public procurement (specifically, the special appeal in public procurement).
  11) What does the administrative jurisdiction know?: Scope and limits of the administrative jurisdiction.
  12) Who participates in a trial and with what requirements?: The plaintiff, claim, and co-defendant (capacity, legitimacy, representation, and defense). Legal assistance and procedural representation. Main actions of the lawyer.
  13) How do I file an administrative lawsuit?: The filing of an administrative lawsuit. What happens once the lawsuit is filed?: Admission to proceedings, access to the file, notification to the defendants, and acceptance of the appeal.
  14) Submission and resolution of Case Study 3.
  15) What happens with the administrative action until a judgment is issued?: Protective measures.
  16) How are the claims of the parties determined and substantiated? Formalization of the claim, preliminary arguments, and response.
  17) Submission and resolution of Case Study 4.
  18) What happens if there is disagreement or confusion about the facts alleged?: The evidence.
  19) Conclusion of the procedure and analysis of the ruling?: The hearing stage and conclusions, the judgment, and other termination modes. Court costs.
  20) What happens once the judgment is issued?: Execution of the judgment.
  21) Submission and resolution of Case Study 5.
  22) The abbreviated procedure.
  23) Special procedures.
  24) Appeal against procedural resolutions other than the judgment. Ordinary appeal.
  25) Submission and resolution of Case Study 6.
  26) The cassation appeal and review of judgments. What to do if judicial actions are contrary to the law?: Incident of nullity of actions.
  27) What to do if judicial actions are contrary to the law?: Incident of nullity of actions.
  28) Submission and resolution of Case Study 7.
  29) ADR in administrative matters.

 

LABOR LEGAL PRACTICE

• Labor Legal Practice:

1. Pre-litigation advice: selecting the contractual modality and preparing the offer and contract.
2. Legal regime of administrators and executives. Special reference to their responsibilities according to the Corporate Law.
3. Jurisdiction and competence in labor matters.
4. Labor process I: Types of processes. Protective measures. Special attention to the peculiarities of the role of the legal profession in different stages of the process.
5. Labor process II: collective dismissals and ERTES.
6. Drafting the labor claim.
7. Response to the labor claim.
8. Evidence in labor proceedings.
9. Argumentation in the trial hearing.
10. Appeal methods against procedural resolutions.
11. Types of appeals and preparation of appeals for unification of case law.
12. Principles of execution of judgments.
13. Alternative dispute resolution in labor conflicts.
14. Trade union law.
15. Employee incentive plans.

 

ACTIVITY OF THE LAWYER

MODULE I: Legal and ethical status of the legal profession and legal representation

1. The legal profession and its organization.
2. Legal representation and its organization.
3. Access to the profession (lawyers and legal representatives).
4. Practice of the profession (lawyers and legal representatives).
5. Professional associations: governance and financial regime. Professional associations.
6. Basic principles of lawyers’ and legal representatives’ actions. Especially, professional secrecy.
7. Contents and goals of the ethics of the legal profession and legal representation.
8. Civil, criminal, and disciplinary liability of lawyers and legal representatives.

MODULE II: Argumentation techniques, writing, and knowledge management

1. Argumentation in law: theoretical foundations of legal argumentation.
2. Valid, complete, and correct argumentation.
3. Legal operators and argumentation: impartiality and interest.
4. Argumentation and negotiation.
5. Use of argumentation techniques: use of interpretation criteria and correctness criteria.
6. Construction of discourse: rhetoric and oral discourse; oral and written expression techniques.
7. Knowledge management, databases, and legal documentation.

MODULE III: Law firm organization and its relations

1. Practice forms: individual, collective, and multidisciplinary.
2. Law firm organization, data protection, digital rights guarantees, and money laundering. Service advertising.
3. Social welfare of lawyers and legal representatives.
4. Accounting and tax obligations of different practice forms.
5. Billing and fee calculation.
6. Account sworn statements.
7. Costs.
8. Free legal assistance and duty roster.
9. Marketing and client management.
10. Relations with public administrations and other professionals.

PRIVATE LAW AREA

• Corporate Law:

1. Introduction: Legal personality and limited liability, delegated management, social interest, shareholder agreements.
2. Conflicts between shareholders and directors and resolution mechanisms: functioning of bodies, appointment, removal, decision-making, and responsibility, special features for listed companies.
3. Conflicts between majority and minority shareholders and resolution mechanisms: shareholders’ rights in decision-making and appointments, double majorities, challenges, and shareholder agreements and their clauses.
4. Conflicts with creditors: capital regime, own shares, financial assistance, and asset deterioration.
5. Statutory modifications.
6. Acquisitions and structural modifications.

• Introduction to business accounting:

1. The legal regime of accounting: accounting harmonization and its transposition.
2. Accounting duties in commercial legislation.
3. Annual Accounts in Spanish law: Balance Sheet, Profit and Loss Account, Statement of Changes in Equity, Cash Flow Statement, and Notes to the Financial Statements. Management report. Annual accounts models.
4. The conceptual framework and accounting principles.
5. Valuation and recording standards.
6. Accounting and auditing.

 

1.2. MODULE SPECIALIZATIONS (ELECTIVE COURSES)

PRIVATE LAW AREA

• Commercial Contracts:

1. Introduction.
2. Sale, transportation, and insurance contracts.
3. Electronic contracting and use of standard contract conditions.
4. Breaches of commercial contracts: late payments in commercial contracting.
5. Business lease contracts, premises lease contracts, management contracts.
6. Financing contracts.
7. Other commercial contracts: joint ventures, advertising.

• Insolvency Law:

1. Principles of Insolvency Law.
2. Objective, subjective, and formal requirements for insolvency.
3. Filing and declaration of insolvency.
4. Insolvency bodies: the Insolvency Judge, the insolvency administration, and the Creditors’ Committee.
5. Effects of insolvency: on the debtor and creditors, on contracts, credits, and acts detrimental to the estate.
6. Composition of the insolvency estate: defining the active and passive estate.
7. Summary procedure.
8. Insolvency incidents.
9. Insolvency solutions: agreement and early liquidation.
10. Conclusion and reopening of insolvency.
11. Appeals.
12. European and international insolvency law.

• Intellectual and Industrial Property Law:

1. Concept and types. Requirements for protection. Scope of protection. Rights and obligations derived from registration. Case study.
2. Trade secrets. Concept and legal protection. Actions and procedural issues.
3. Types of patents: Spanish patent, European patent, and European patent with unitary effect. Patent vs. utility model. Patentability requirements. Registration prohibitions.
4. Content of the patent application. Rights and obligations conferred by registration. Patent license (exclusive and non-exclusive).
5. Scope of protection. Literal infringement and equivalence. Patent invalidity and expiration. Legal actions.
6. The trademark. Concept and classes. Distinctiveness. Absolute and relative prohibitions. The trademark as a property right (special attention to licensing).
7. International trademarks and European Union trademarks.
8. Scope of protection and infringement. Specialty principle. Risk of confusion and association. Infringement actions (special attention to indemnity). Case study.
9. Rights and obligations derived from registration. Limits. Invalidity and expiration. Effects.
10. Trade name. Actions. Invalidity and effects.
11. Domain names. Concept and classes. Domain names vs. distinctive signs. Legal issues with domain names. Trademark infringement actions through domain names. Case study.
12. Terminological clarifications. Structure of the LPI. Copyright and related rights. Transitional law.
13. Authorship. Original and derivative holders. Multiple authors.
14. Economic rights. Exclusive and remunerative rights. Main material limits and temporal limits (duration and public domain). Protectable creations. Protection requirements. Exclusions. Moral rights (ownership, duration, and exercise after the author’s death).
15. Protectable creations. Protection requirements. Exclusions. Moral rights (ownership, duration, and exercise after the author’s death).
16. Transfer of copyright. Modalities. Exploitation of copyright (case study).
17. Collective management organizations. Function and typology.
18. Spanish advertising law. European Union advertising law. Specific cases of illegal advertising in the General Advertising Law and the Unfair Competition Law. Actions and defense methods.
19. Advertising in audiovisual media. Internet advertising. Advertising self-regulation and self-control. Advertising contracts.

• Family and Inheritance Law:

1. Marriage and its economic regimes. Liquidation of the matrimonial economic regime.
2. Marital crisis. Consensual and contentious procedures. Modification of measures.
3. International aspects of Family Law.
4. Protection of minors and international child abduction.
5. International adoption.
6. Testate and intestate succession. Inheritance partition.
7. International successions: judicial jurisdiction and applicable law.

SOCIAL LAW AREA

• Labor Law in Business:

1. Practical issues in determining the employment relationship.
2. Labor contracting: practical issues.
3. Clauses in employment contracts: non-compete, permanence, and others.
4. New technologies and worker privacy: controversial issues.
5. Contractors and subcontractors: practical issues under the new regulation.
6. Business succession. Practical issues.
7. International labor mobility.
8. Management power. Special attention to substantial changes in working conditions.
9. Practical experience in employment regulation files.
10. Working time and work-life balance.
11. Dismissals. Practical issues.
12. Collective bargaining in companies.
13. Strikes and new forms of labor conflict.
14. Business organization and responsibilities in occupational risk prevention.
15. Introduction to Social Security Law.

CRIMINAL AND PENITENTIARY LAW AREA

• Economic Criminal Law:

1. Cases of punishable fraud. In particular: insurance fraud, credit fraud, financial fraud, real estate fraud.
2. Tax fraud cases. Simulation and legal fraud. Organized tax frauds. Relationship with money laundering cases.
3. Cases of crimes against workers’ rights.
4. Criminal liability of administrators: fraudulent administration, corporate falsifications, and other corporate crimes. Practical issues of assigning responsibility to administrators.
5. Issues of active corruption crimes within the company.
6. Criminal liability of legal entities. Corporate compliance and advising companies.
7. Tax fraud cases: fake invoices, intra-community VAT, use of intermediaries, etc.

INTERNATIONAL LAW AREA

• International Business Law:

1. International sale contracts for goods.
2. International business collaboration contracts: agency, distribution, franchise.
3. Acquisitions, mergers, and international relocations.
4. International financing operations.

*The lecture phase will be taught in Spanish.

Note: This program may be subject to modifications.

II. PRACTICAL PHASE