Success stories

Joint claim of amount against a commercial entity, its sole administrator and the heirs of the previous administrator

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OBJECTIVE

  • Claim of an amount of approximately 900,000 euros against a Spanish business entity.
  • To obtain a joint sentence for individuals to guarantee the collection of the amounts claimed.
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METHOD

  • Given the situation of insolvency of the company, the viability of extending the responsibility of this entity to its sole administrator and his heirs, having died, was analysed in order to guarantee the existence of assets in the event of obtaining a favourable ruling. The commercial and civil legislation was studied in order to examine whether there was sufficient cause for the liability of the company’s debt to the sole administrator at that time and also to the heirs of the previous administrator, who had died.
  • The approach to the claim was twofold. On the one hand, the reality of the debt had to be proved in favour of the client.. On the other hand, and once the collection right and the responsibility of the commercial entity had been proved, the legal requirements for the derivation of this responsibility had to be proved against the administrator in force at that time and also against the heirs of the previous administrator.
  • The strategy required the collaboration and joint coordination of the commercial and civil departments to enable the extension of joint and several liability, firstly, to the administrators and, secondly, to the heirs under the rules of succession of the Civil Code.
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RESULT

  • After a first sentence of the Court of First Instance condemning the company, but rejecting it against the administrator and the heirs, an appeal was filed. The sentence made by the company did not guarantee for the client the collection of the amount subject to the sentence, which made it necessary to submit the matter to the Provincial Court by way of an appeal.
  • The judgment of the Provincial Court partially revoked the decision of the court of first instance, confirming the conviction of the commercial entity and accepting the thesis of joint and several liability of the current administrator and also of the heirs of the previous one for a considerable part of the total debt, on the understanding that they had purely and simply accepted the inheritance of their father, which covered not only the goods and assets but also the whole of the debts.
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