8. Explain in detail the Civil liability for defective goods or services: describe the general provision and the special provisions for “Producers liability”  and “Service providers liability”

• Civil liability for defective goods or services

* General provision

 Compensation for damages

All injured parties have the right to be compensated under the terms set forth in this Book for damages caused by goods or services.

 Ineffectiveness of liability limitation

       The civil liability limitation or release clauses set forth in this book shall be ineffective in respect of the injured part

       The Government, subject to earnings with interested parties and consumer and user associations, shall be able to establish a mandatory system of insurance for civil liabilities  resulting from the damages caused by defective goods or services, and a guarantee fund which fully or partly covers damages consisting of death, poisoning and personal injury. 0.52 Euros

9. What is the meaning of subsidiary liability?

The obligation imposed pursuant to the preceding article shall be enforceable not only as a result of one’s own actions or omissions but also of those of such persons for whom one is liable.

10. When does the entrepreneur lose the entrepreneurial status?.

The death of a person or the transfer of business will result in the loss of sole trader status.

11. Commercial dealings by married persons:

     11.1 Which assets are affected by the direct liabilities of the entrepreneur?.

As general rule then, commercial activity carried on by one of the spouses can bind only his/her property not belonging to the marital society and the results of the commercial activity that are indeed part of joint property

 11.2 How are common assets liable?

By effect of implied or express consent of the other spouse, the patrimonial scope for liability for business debt may be extended to cover the whole of joint possessions (art. 6 CCom). Such consent is presumed to be granted if the sole trader´s spouse is aware of the performance of commercial activities by his /her partner and does not oppose thereto.

 11.3 Which requirement is needed to affect private goods of the spouse of the entrepreneur?

              An express written consent

12. What is the legal regime of the legal foreign entrepreneur?

Companies incorporated abroad may engage in business in Spain, subject to the Laws of their country. With regard to their capacity to contract, and pursuant to the provisions of this Code, in all matters regarding creation of their establishments in Spanish territory, their business operations and the jurisdiction of the Courts of Law of the Nation.

Contracts for valuable consideration entered into in Spain by a foreigner without sufficient capacity according to his national law shall be valid.

13. Collaborating with the Entrepreneur

     13.1. Which is the main difference between dependent and independent forms of collaboration?.

These kind of collaborators are as well entrepreneur and are linked with the principal with special agreements of collaboration and dependent employees of the employer are bound to it by a relationship of subordination and dependence stable.

 13.3. How does the proxy of the Factor work?. How can they carry out their activities?

The manager employed and authorized to manage, direct it and to enter into contracts concerning its business, with more or less powers, as deemed convenient by the owner.