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COVID-19

Crisis Cabinet

Civil and Commercial Law

Why?

FIDE considers the leading role that civil society must assume in decision-making essential, and even more so, in a situation as exceptional as that caused by the COVID-19 pandemic.

With this objective, the Crisis Cabinet in civil and commercial matters was launched, which after a first proposal consisting of the positivization of the “Rebus Sic Stantibus” clause, makes a second reflection available to those interested, aimed at promoting and streamline the second chance mechanism in Spain.

Publications

Proposal on the second chance mechanism

Published on June 18, 2020

The final proposal of this Crisis Cabinet of Fide is the result of the debates held during the last two weeks between the members of the group and the more than 200 professionals who attended the two sessions convened with the aim of suggesting, proposing and debating the opportunity and the material content of the positivization proposal of the clause "rebus sic stantibus".

See Conclusions

Proposal for legal regulation of the excessive onerousness of the provision and the fruition of the end of the contract in light of the jurisprudence on the “Rebus Sic Stantibus” clause

Published on May 8, 2020

 

See Conclusions

Cabinet Members

Cristina Jimenez Savurido

President and founder of the Foundation for Research in Law and Business (Fide). Lawyer of the Illustrious College of Lawyers of Madrid. Mediator accredited by CEDR, Center for Effective Dispute Resolution of London.

Jose Maria Blanco Saralegui

Graduated in Law from the University of Navarra in 1997, he entered the Judicial Career by free opposition in 1999 and has been a specialist in commercial matters from the CGPJ since 2006. He collaborates with the CGPJ Training Service and is a professor in several university master's degrees at the University of Vigo and practicum tutor at the Rey Juan Carlos and Carlos III universities in Madrid.

Amanda Cohen Benchetrit

Specialist magistrate by the General Council of the Judiciary in commercial matters, showing her destiny within the judicial career in the Provincial Court of Córdoba (First Section), where she occupies a place reserved for commercial specialist. Since February 2018, she has been an advisor at the Ministry of Justice (General Directorate for International Legal Cooperation) on commercial matters,

Ignacio Díez-Picazo Giménez

Professor of Procedural Law at the Complutense University of Madrid. Lawyer and Managing Partner of Díez-Picazo Abogados. Surplus member of the Corps of Lawyers of the Constitutional Court. Permanent member of the Fifth Section of Procedural Law of the General Codification Commission. Corresponding academic and member of the Procedural Law Section of the Royal Academy of Jurisprudence and Legislation of Spain. Member of the Academic Council of Fide.

Victor Moreno Catena

Professor of Procedural Law at the Carlos III University of Madrid and lawyer. Permanent Member of the General Codification Commission and President of the Spanish Union of Criminal Lawyers. Of Counsel of Moreno & Venturi Lawyers. Member of the Academic Council of FIDE.

Carlos Fuerte Jimenez

He graduated in Law from the Carlos III University of Madrid and completed a Master's Degree in Business Law at the Comillas Pontifical University (ICADE). During his university studies he worked in the legal department of Mercer (Marsh & McLenan Companies). Later, he joined the law firm, Jesús Almoguera y Asociados, where he worked mainly on matters of procedural and bankruptcy law. Currently, he works in the corporate department of DLA Piper Spain. Collaborator of Fide.
Academic coordination: Victory Dal Lago
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