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The common law is distinguished from other legal rights endowed parallel court systems. In the middle ages, for example, common law courts were secular, ecclesiastical courts against the Catholic Church. The common law did not address commercial law, corresponding to the mercantile courts (in English, `commercial courts’), or maritime law, admiralty jurisdiction of the court (in English,` the admiralty court “). The most important, their parallels and similarities with the common law, was the call of equity jurisdiction. The solution of equity originated in the early English law when the subjects were presented to the King to demand justice. Later those claims were delegated to the Lord Chancellor and later to a court that was called the chancery court. The equity system created a special body of rules with a higher value than those established by other legal tribunals of the kingdom. At first, the common law courts were more bound by precedent that courts of equity, that provided remedies based on notions of justice to litigants who rejected their technical solutions.

Towards the end of the Middle Ages, the common law and in equity were the most important and comprehensive overview of English law. The common law was evolving into a less formal and the jurisdiction of equity accumulated their specific precedents, so that these two views of judicial law were coming up and growing together. Finally, in the Judiciary Act of 1873 abolished the distinction between common law and equity jurisdiction in England. The final result of the growth and subsequent absorption of the jurisdiction of equity by the common law was the gradual increase of powers of the formal courts.

Since the Industrial Revolution, in response to the growing complexity of law and the need for greater clarity and accessibility, the British Parliament was established as the main source of new laws, amending or adding rules to the body of judicial law. At present the laws of the Parliament have come to encompass most of the legal relations in general. Nevertheless, the common law continues to be important for interpreting the rules are often restatements of the rules and principles of common law primitive.

The Government shall amend the Bankruptcy and standard procurement. Correct the different legal treatment to contractors, forced to stop when entering the contest.

The Commission prepared the reform of the Insolvency Act, to be ready next summer, is working to make the new text will help companies that contract with the public sector to enter into competition, as the existing Bankruptcy Law and the Law Public sector contracts leave them in the lurch and do not allow them to continue working in insolvency. With the reform, these companies want, like the rest, to maintain operations. To do this, you will need to also amend the Law on Public Sector Contracts.

This, bearing in mind that often is the very slowness of the Administration which leads the competition from these companies. And the purpose of the standard bankruptcy-both current and from which it is prepared to help companies with a contest that involves being bailed and not liquidation, what is done with other companies. After all, the number of competitions in the fourth quarter of 2009 was increased by 42% over the same period in 2008 and came to 6,000 in the year.

The Commission Chairman, James Howard, General Technical Secretary of the Ministry of Justice says that it has been found that the Law on Public Sector Contracts Part of automation that goes against the criterion of the bankruptcy reform, “he says. Nuances that will help companies from the “guarantee public interests and the administration, that is,” will seek the balance of interest for companies that wish to maintain their activity.

Thus, Howard concretes “changes will be made both in the bankruptcy laws as the Law on Public Sector Contracts. And detail that “the Commission has closed the overall analysis of the bankruptcy reform and has already entered the bottom of the articles to change. Counting on the relevant reports (CGPJ, Council of State, etc.) estimates that “could be ready after the summer. Miguel Angel Alonso, Roca Junyent partner, adds that this reform “was a cry” between the companies, who fled the sector.

For Raquel Ballesteros, a partner at Bird & Bird, “the different legal treatment to private contractors and, in cases of insolvency of its contractors is hardly sustainable, legally and morally: although the general interest allows for differences in favor of the Administration, they must respond to an objective need (as it considers the Constitution).

Ballesteros said that “only in the field of health supplies the Administration’s debt exceeds the 4,000 million with a payback period of 232 days.”

Finally, Antonio Fernandez, partner in charge of Zone Restructuring and Insolvency Garages concluded that “thee opportunity for reform is greatest.”It is disconcerting that he contributes to the cause competitions to get out of them leaving the company without activity and preventing it from bidding for new contracts while in bankruptcy situation,” says this newspaper’s questions.

The entry into force of the new Insolvency Act on 1 September 2004, has been a change in the treatment of insolvencies in Spain. Desaparece suspension of payments and bankruptcy and establishes the meeting of creditors as a way to resolve situations of insolvency. The new trade rules wager on business continuity in crisis thanks to an agreement among creditors, providing a fully transparent formula for restructuring and bailout of businesses and, ultimately, liquidation. Under the new legislation the companies lack of liquidity must voluntarily file a contest before they run out all their assets and within two months following the date on which he had known or have known of his insolvency. No longer possible for employers to close their businesses leaving without paying creditors and employees.

The new law also entails great responsibilities for managers and entrepreneurs. It enhances the obligation to go to competition when their company is insolvent or is imminent. Many managers are unaware of the very serious responsibilities that will confront and mismanagement that may impact business.

Even in their own personal assets.
Another important factor that employers must consider is whether the contest is requested by the company itself – a voluntary basis – which administrators keep their powers but are subject to the intervention of bankruptcy administration or whether the contest is called by creditors – competition needed – where managers lose all their powers go exclusively to the administration in bankruptcy. For more information on these two modes go to “The lawyer replied …”.

To remove any doubt that the employer might have, Madruga Association has published a book entitled “The Lawyer responds to questions of the new Bankruptcy Act. In this book you can find in full on this website, you will find a detailed explanation of the details of the rights and obligations should know the employer-debtor in colloquial speech and affordable on a number of questions and answers related to the new Law Bankruptcy and which must be taking into account now.

The Chambers of Commerce and Industry of Castilla and Leon, in collaboration with the Ministry of Environment of the Board and Caja Duero, distributed and autonomous SMEs in the region 4000 guides for information on the implementation of Law 5 / 2009 of Noise.

The aim is that companies in the region, especially those that modify or create new activities, may have a reference document to be able to consult and to resolve all issues that may arise in implementation and content of the Act Castile and Leon.

This initiative is part of the Permanent Environmental Forum, which aims to foster positive attitudes in companies established in the Community towards the environment.

The greatest novelty of this Act for SMEs is that the preventive control is enhanced for new activities-in the stage of authorization, licensing or environmental communication, and communication in the start up phase of the activity, and control and subsequent inspection once they are operational. It affects all those businesses or activities that have some sort of sound source and the potential to cause discomfort, risk or harm to people or the environment from noise and vibration.

- Your lawyer sleeps. It may seem to lie, but his lawyer needs to sleep like everyone else. Just call your mobile or home phone in case of real emergency, otherwise call your office.

- Your Lawyer eat. It seems incredible, but true. Need to have adequate food and a schedule for doing so.

- This is perhaps the most incredible, your attorney may have family, and indeed usually does. Therefore you should and want to spend time and enjoy it.

- Being the Attorney person like any other, needs to rest over the weekend. On Sunday at 22 hours is not an appropriate time to read a document received by the Tuesday preceding 15 hours.

- His lawyer, like any citizen, you need money. That really was not expected!. So do not go to the query thinking about not paying (to the shop is a no money? And the doctor?).

If gentleness of his lawyers do not charge, say so as a customer his gratitude, the lawyer has also tastes needs, give a detail.

- Your lawyer is not a seer, or wizard, or magician, I see the Tarot, and has no crystal ball. If that is what you expected of him regret disappoint their expectation. Paranormal or Hire a Detective. Read the rest of this entry »

Your Business Loan Proposal in Honduras, Guatemala and El Salvador at commercial borrowing a regular business loan in Honduras, Guatemala and El Salvador, will have to develop a package of information to the prospective lender that clearly establishes the loan proposal exact needs. In short, your proposal should inform the lender for the purpose of the financing, the justification of the funds, and structure of the proposed loan. These elements, and others necessary for a well-structured proposal are described in detail below.

Purpose of funding in Honduras, Guatemala and El Salvador. The lender in Honduras, Guatemala and El Salvador will require a concise statement of why your company wants to borrow money. It is therefore very important for the borrower to the lender to provide a detailed explanation of the purpose of loan, along with how and where all funds will be used. Also, do not be surprised if the lender is not fully satisfied with a mere declaration of want or need to acquire an asset. He or she needs a fuller explanation of what you are trying to carry out the asset. For example, you may want to buy a new truck in order to increase productivity in warehouse operations by reducing labor costs and reduce exposure of the company work-related injuries. It is important for the lender in Honduras, Guatemala and El Salvador to understand the related cost savings that could effectively pay for the forklift.

Justification of the funds in Honduras, Guatemala and El Salvador. A well-prepared borrower provide the lender in Honduras , Guatemala and El Salvador with a statement explaining how a business loan is the best source of funds requested. The lender may be aware of alternative sources of funding necessary and often test whether the borrower is aware of them. Therefore, be prepared to explain why a loan is the most desirable and feasible due to funding more affordable, better, more leverage, or any other factor that convinced you choose to apply for the loan . You also have to be very specific as the method for determining the amount of funds you need as well as the amount of capital you are prepared to put in the agreement. If there is no logical reason to limit the investments of the company in Honduras, Guatemala and El Salvador, be sure to identify the lender. Otherwise, be prepared for the lender to insist that contribute a minimum amount in the transaction.

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Are you looking for attorneys to resolve issues related to taxes? You must then make a point to hire only lawyers IRS to help you plan without problems through the law. Many people make the mistake of representing themselves in court of justice. However, be aware that tax-related cases are sensitive and may be complicated if not handled by an expert. An expert has the necessary knowledge and skill to present a defense case against the IRS, accounting and calculate your taxes, preparation of documents and the fight against the case in their favor. This is a discussion on the role played by lawyers for IRS:

Negotiations on the IRS: IRS Attorneys representing negotiate payment plans with the Internal Revenue Service. They are experienced enough to negotiate debt relief. If you sued or audited by the Internal Revenue Service under criminal investigation, these negotiations will help you to stay in a better position against the IRS.

Defense: If you have committed tax fraud, but they have been unfairly sued, an IRS attorney would help him file a lawsuit against the government agency. In addition, by hiring a lawyer can ensure that your case is strong against it. Generally, these lawyers enough to handle cases involving taxes. A lawyer can defend as best as possible and defend before the law. Read the rest of this entry »

The quality of the portfolio of bank loans to corporate sector faced a swing in 2010 that led her to reach their highest default rate since September 2008 when he originated the global financial and economic crisis.

According to figures from the National Banking and Securities Commission (CNBV), last November the expired business credit portfolio reported a growth of 4.29 percent or 760 million pesos from the previous month.

This increase caused the Delinquency Rate (IMORA) of the loan portfolio to rise from 1.82 to 1.88 percent, which added his second consecutive month the rise, after the August to September this indicator down from 2.00 to 1.81 percent. But it was in July past when delinquencies in this portfolio reached its highest level since the start of the recent crisis, which caused many corporate losses recorded at up to 2.16 percent. In fact, from September to December 2008, the business portfolio Imora increased from 1.09 to 1.72 percent, down in December to 1.39 percent, however, in January 2009 rose to 1.61 percent and 1.70 percent in February, then declined in March to 1.65 percent. However, April to September this indicator reported upward trend, going from 1.85 to 2.13 percent, to then decrease from October to December of 2.09 to 1.89 percent. In January last year the business Imora rose again to 1.95 percent in February and low of 1.93 recorded in March and 1.87 percent respectively, while in April and May increased to 2.07 and 2.13 percent in June and then shrink to 1.95 percent. In July rose to 2.16 percent after declining to 2.00 per percent and then in September to 1.81 percent.

During this period of comparison, the coverage ratio of nonperforming loans with Preventive Estimates (Ichor) is located in a range close to 200 percent, as well as representing a low percentage in the portfolio total in this segment. The President of the CNBV, Guillermo Babatz Torres, announced the development of a new scheme that allows loss reserves in the corporate loan portfolio, it is expected to be ready this year. From October to November Last year, the total balance of this portfolio increased from 972 000 839,600,000 to 981,000 676.0 million pesos. The CNBV reported that the information available for analysis, HSBC was the bank with the most amount of credit granted in the corporate segment in October 2010 with 13 thousand 517 million pesos, and the greatest number of loans granted to 31 000 285. HSBC presented an average credit of 432 thousand pesos, the lowest in the banking system, with an average interest rate of 9.22 percent. Banorte bank was the second largest grant in the period, reporting a given amount of 11 thousand 736 million pesos, associated to two thousand 784 credits, with an average credit of 4.2 billion pesos and an average rate of 8.57 percent. He explained that among the main providers of business credit, Banamex stood out with the average interest rate lower than the market, 7.52 percent. He said that in the distribution of corporate credit portfolio by economic activity at the end October trade sector classification remains the greatest concentration of credit granted by banks, with 23 percent of the total analyzed.

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Linking existing data in every act of life is related to the contractual sphere, as is the acquisition of a matchbox (sale, even one of the agents a minor), much more For managers who must make countless acts obligational contractual and, in addition to the provisions of the legislation in each country.

It should be noted that whatever the activity or type of business, companies need to adapt to the inherent normative practices or, as contained in legislation that affects you in some way or another.

Such is the case of a company involved in import and export goods should be taken into account internationally recognized practices, are INCOTERMS or International Commercial Terms (FAS, FOB, C & F, CIF, etc.). And customs legislation on tariffs, import duties, etc..

Thus the agro-related businesses to the area should take into account the recent negotiations that have been happening among the United States of America (which gives subsidies to its companies in this category) and Colombia and Peru.

He did not consider variants that occur daily in a country like ours we would fall into the legal isolation, since as we see the laws change constantly, until the constitutional debate over whether it is reform or call for a new Constituent Assembly , is strengthened by the political actors.

It is necessary therefore to take into account what happens every day, searching literature, themes through the official gazette El Peruano, online articles, and exchange information with colleagues in the profession and turn to other branches, because the interconnection ago easier to understand what we need to learn and understand.