Cuadernos de Derecho y Comercio
CUADERNOS DE DERECHO Y COMERCIO
Cuadernos de Derecho y Comercio was first established by the former General Council of Official Colleges of Trade Brokers as a general publication in the field of Commercial Law in 1987.
AVAILABLE NUMBERS:
Browse the issues of the journals in the Fundación Notariado library and discover a wide collection of articles on relevant topics. Below, you will find links to each of the journals:
- Año 2025: Número 84
- Año 2015: Extra 2015 (2), Extra 2015 (1)
- Año 2010: Extra 2010 (1)
- Año 2025: Número 83
- Año 2024: Número 81, Número 82
- Año 2023: Número 79, Número 80
- Año 2022: Número 78, Número 77
- Año 2021: Número 76, Número 75
- Año 2020: Número 74, Número 73
- Año 2019: Número 72, Extra 2019, Número 71
- Año 2018: Número70, Número 69
- Año 2017: Extra 2017, Número 68, Número 67
- Año 2016: Extra 2016, Número 66, Número 65
- Año 2015: Número 63, Número 64
- Año 2014: Número 62, Número 61
- Año 2013: Número 60, Número 59
- Año 2012: Número 58, Número 57
- Año 2011: Número 56, Número 55
The magazine was founded with the aim of contributing to research in Commercial Law, promoting publications serving as a meeting point between universities and legal professionals, so as to establish a connection between the depth and scientific rigour of the academic world, and the perception of needs derived from professional practice through contact with the commercial and financial dealings.
Following the integration of Trade Brokers and Notaries, the magazine remains true to its initial goal: to offer readers with a specialised, learned interest in the field of Commercial Law works of both academic and practical relevance as a means of contributing to better understanding and practice in this branch of Private Law.
After many years of being available only in print format, in 2020 the magazine is launching a digital version so as to adapt to our new technological reality and achieve greater reach.
Cuadernos de Derecho y Comercio is published twice yearly in the months of June and December. It publishes papers in Spanish, and occasionally in English, French, German and Italian, and is divided into four sections: academic studies, legal practice, comments on judicial rulings and decisions, and reviews.
The first section contains original scientific works regarding a specific subject within any of the branches of Commercial Law. The second is geared towards practice and publishes papers which in terms of either their content or pragmatic purpose aim to serve as working tools in the field of Commercial Law. The third section includes critical or analytical commentaries on specific legal issues, judicial rulings or decisions of the Directorate-General for Legal Security and Public Record, the relevance of which derives from the nature of the subject or its recent or controversial character. Finally, the last section is dedicated to reviews of books, doctoral theses, seminars, conventions or any other type of event of academic interest.
The magazine has likewise for many years published special monographic issues with a twofold objective: to broaden our knowledge of the different branches of Commercial Law -consumer law, company law, bankruptcy, competition law etc.-; and/or to offer useful material for professional practice in this area, such as the Compendium of Company Law in America or in North Africa and Europe. With the digital version the goal is to continue fulfilling both aims by publishing monographs.
This journal is included in the Academic Search Premier, Fuente Académica Plus, Business Source Premier, Aranzadi Bibliotecas, Business Source Elite, vLex, DIALNET, REBIUN and ISOC. It is also rated in Latindex (catalogue v1.0), CARHUS Plus+2018 and CIRC. It has an ICDS of 6.5 according to MIAR.
In November 2021, Cuadernos de Derecho y Comercio launched its 'Monograph Collection' with the aim of addressing topics of interest and current issues in Commercial Law with technical rigor and a critical perspective. So far, two books have been published: Guarantees in Commercial Law: Current Issues and Cooperatives and Other Forms of Business Collaboration Beyond Commercial Companies.
EDITORIAL BOARD
Adolfo Príes Picardo
Notario
Consejo General del Notariado
Cristina Marqués Mosquera
Notaria
Consejo General del Notariado
Mª Victoria Huertas Martín del Olmo
Notaria
Consejo General del Notariado
Hans Alexander Braunschweig Leotte
Notario
Consejo General del Notariado
Josefina Boquera Matarredonda
Catedrática de Derecho Mercantil
Universidad de Valencia
Amanda Cohen Benchetrit
Magistrada Audiencia Provincial de Córdoba
Consejo General del Poder Judicial
José Miguel Embid Irujo
Catedrático Derecho Mercantil
Universidad de Valencia
Giuseppe Guizzi
Profesor de Derecho Mercantil
Università di Napoli “Federico II”
Francisco José León Sanz
Catedrático de Derecho Mercantil
Universidad Autónoma de Madrid
Andrés Recalde Castells
Catedrático Derecho Mercantil
Universidad Autónoma de Madrid
Jesús Alfaro Águila-Real
Profesor titular de Derecho Mercantil
Universidad Autónoma de Madrid
Carmen Alonso Ledesma
Catedrática de Derecho Mercantil, Profesora Honorífica
Universidad Complutense de Madrid
Alberto Alonso Ureba
Catedrático de Derecho Mercantil
Universidad Rey Juan Carlos
Alberto Díaz Moreno
Catedrático de Derecho Mercantil
Universidad Complutense de Madrid
Gaudencio Esteban Velasco
Catedrático de Derecho Mercantil, Profesor honorífico
Universidad Complutense de Madrid
José Massaguer Fuentes
Catedrático de Derecho Mercantil
Universidad Pompeu y Fabra Barcelona
José Manuel García Collantes
Notario
Consejo General del Notariado
Rafael Illescas Ortiz
Catedrático de Derecho Mercantil
Universidad Carlos III de Madrid
Xavier O'Callaghan Muñoz
Catedrático de Derecho Civil
Magistrado de la Sala Primera del Tribunal Supremo
Consejo General del Poder Judicial
Santiago Ortiz Navacerrada
Catedrático de Derecho Procesal
Universidad de Alcalá de Henares
José Cándido Paz-Ares Rodríguez
Catedrático de Derecho Mercantil
Universidad Autónoma de Madrid
Ángel Rojo Fernández-Río
Catedrático de Derecho Mercantil
Universidad Autónoma de Madrid
Salvador Torres Ruiz
Notario
Consejo General del Notariado
Patricio Toscano Romero
Abogado del Estado
Abogacía General del Estado
TECHNICAL TEAM
Marta Arroyal García de Ceca
Consejo General del Notariado
Ubiqus Spain
AGtradinters
Gloria Lozano Serradilla
PRINTING'94, S.L.
C/Orense, 4 (2ª planta)
28020 Madrid
GRAMADOSA, S.L.
Avda. del Moncayo, 2, nave 3
28703, San Sebastián de los Reyes, Madrid
EXTERNAL EVALUATIONS
Nuria Latorre Chiner
Catedrática de Derecho Mercantil
Universidad de Valencia
Arias Varona, Javier
C.U. Universidad Rey Juan Carlos
Bustillo Saiz, Mª del Mar
P.T. Universidad de Valladolid
Colino Mediavilla, José Luis
Prof. Universidad Complutense de Madrid
Gimeno Beviá, José Vicente
P.T. Universidad de Alicante
Gómez Asensio, Carlos
P.T. Universidad de Valencia
González-Orús Charro, Martín
P.A.D. Universidad de Salamanca
P.A.D. Universidad Complutense de Madrid
Leuze Espinosa, Paula María
Invest. Universidad Complutense de Madrid
Madrid Parra, Agustín
C.U. Universidad Pablo de Olavide
Martí Miravalls, Jaime
C.U. Universitat de Valencia
Martínez Cañellas, Anselmo
C.U. Universitat de les Illes Balears
Miquel Rodríguez, Jorge
P.A. Universitat de Barcelona
Morales Barceló, Judith
P.A. Universitat de Barcelona
Moya Ballester, Jorge
P.T. Universidad de Alicante
Pacheco Cañete, Matilde
P.T. Universidad de Sevilla
Pastrana Espárraga, María
Prof. Universidad de Valencia
Pérez Moriones, Aránzazu
C.U. Universidad Pública de Navarra
Quintáns Eirás, María del Rocío
C.U. Universidade da Coruña
Rodríguez Martínez, Isabel
P.A.D. UNED
Serra Rodríguez, Adela
C.U. Universitat de Valencia
Viñuelas Sanz, Margarita
C.U. Universidad de Alcalá de Henares
Zabaleta Díaz, Marta
C.U. Universidad de Alcalá de Henares
PUBLISHER
Fundación Notariado
Silvano, 55 - 28043, Madrid
Correo de contacto: cdc@notariado.org
Fundación Notariado
Silvano, 55 - 28043, Madrid
Correo de contacto: cdc@notariado.org
ETHICAL PRINCIPLES OF PUBLICATION
The Cuadernos de Derecho y Comercio magazine is committed to the ethical principles that must govern scientific activity in order to guarantee not only the quality of its content but also its ethics.
In this sense, the magazine is based on the Code of Conduct for Magazine Editors established by the Committee on Publication Ethics (COPE), in order to establish standards and guidelines aimed at promoting ethical behavior in all phases of the publication process. and to ensure the scientific quality of the works and their ethical content.
Guidelines for action for authors:
1. Authors may not submit for publication works that have been submitted or have been accepted for publication in another publication.
2. The authors must recognize in their works the bibliography used in the research and cite the publications that have influenced the writing of their manuscripts. If necessary, they must obtain the corresponding authorization to reproduce the content of a source.
3. The authors must report, where applicable, who has funded the research, as well as the role played by the funder, if applicable, in the research.
4. Authors must present original and own works. Plagiarism is considered, in addition to appropriating someone else's work in whole or in part; attributing ideas to others without citing their author; paraphrase without citing the corresponding source or paraphrase excessively even when citing the source; do not use quotation marks when it comes to literal quotes; or not correctly reporting the source in question. Along with plagiarism, the fabrication, falsification or omission of data, repeated or redundant publication and authorship conflicts constitute scientific fraud.
5. If an author discovers an inaccuracy, omission or important error in his published article, he will have to notify the editor of the journal, providing his full collaboration in order to correct or withdraw the corresponding article.
6. Authorship corresponds to all those who have contributed significantly to the writing, structuring or conception of the work, and the author or co-authors of the work must necessarily appear. In cases of co-authorship, all those who have contributed to the creation of the article must agree to the final manuscript.
7. The quotes, opinions or references contained in each article are the exclusive responsibility of their authors.
Guidelines for action for members of the Editorial Board:
1. The Editorial Board will ensure at all times the quality of the published works and their suitability for the journal, taking into account their importance, originality and clarity and evaluating only their intellectual content.
2. The Editorial Board of the journal may reject texts submitted for publication when they do not respect the journal's standards without the need to subject them to external evaluation. To this end, the Editorial Board will have to analyze whether it is an original publication and that the manuscript does not contain plagiarism, using the program referred to in “Instructions for publishing” to this end.
3. The Editorial Board will accept, reject or return the manuscripts for correction or modification by the author as a result of the review by expert evaluators.
4. If plagiarism or any other misconduct is detected, the Editorial Board must publish the necessary clarifications, retractions, rectifications or apologies.
5. The members of the Editorial Board must maintain due confidentiality in relation to articles sent for publication.
6. The members of the Editorial Board must refrain from carrying out any action in relation to the manuscripts sent when there is any type of conflict of interest with the authors. Both the Editorial Board and the External Evaluation Coordinator will ensure that a conflict of interest does not arise between the author and the external evaluators.
Guidelines for action for the technical team:
The provisions on confidentiality, conflict of interest or impartiality in relation to the members of the Editorial Board will also apply to the members of the magazine's technical team.
Guidelines for action for external evaluators:
1. The Editorial Board guarantees the anonymity of the evaluators entrusted with reviewing the works, so that neither the author knows the identity of those who have evaluated his work nor the identity of those who have evaluated his work.
2. External evaluators will have a period of 15 days from receipt of the works to issue their evaluation report. Any reviewer who considers that they will not be able to meet the established review deadline or that the article that has been sent to them is outside their field of research must immediately notify the External Evaluation Coordinator.
3. If you notice any conflicting interest, you must notify the External Evaluation Coordinator before starting the evaluation.
4. External evaluators are obliged to maintain confidentiality about the works sent to them for evaluation, and may not show them or discuss them with third parties unless expressly authorized by the editor.
5. The evaluation of the manuscripts must be carried out objectively, being able to determine which works published on the subject should be cited and verify that the opinions or arguments previously disclosed are accompanied by the corresponding citation. At the end of the evaluation, they must issue a report evaluating the work submitted for examination and collecting, where appropriate, any corrections or suggestions that may be pertinent.
INSTRUCTIONS FOR PUBLISHING
ORIGINALITY
All works sent to the journal must be original, unpublished, and fully compliant with the standards in force from time to time regarding intellectual property, and in particular the prevention of plagiarism and other forms of scientific misconduct.
By way of example, the literal or substantial copying of content without quote marks and/or without citing the source, paraphrasing or reproducing ideas without citing the source, and the abusive or concealed reuse of the author’s own previously published texts would all be considered to be plagiarism. Scientific misconduct is deemed to include, among other cases, the deliberate use of false or falsified information, the appropriation of another’s works, and concealment of the existence of a significant conflict of interest affecting the author.
In order to guarantee originality and unpublished status, the journal will conduct an analysis to ensure that works submitted by authors are not subject to plagiarism, using the computer application TURNITN.
In any event, all opinions, comments and data included in each work are the sole responsibility of the authors, as the magazine Cuadernos de Derecho y Comercio and its bodies decline all responsibility for the credibility and authenticity of the works.
TRANSFER OF RIGHTS
By submitting original texts the author agrees to grant the journal Cuadernos de Derecho y Comercio rights of distribution, public communication, transformation and reproduction of the work. This assignment extends to publication in any country, in any format, and inclusion in those databases in which the journal is indexed or included.
WORKS SUBMISSION
Works should be sent as an attached document to the email address cdc@notariado.org, indicating the title of the work in the subject line.
Authors must be familiar with the “Information for authors” before making a submission. By submitting a work authors acknowledge full acceptance of the contents thereof, and in particular the demand for originality and those derived from ethical principles of publication, style guides and assignment of copyright.
Works must be sent within the first three months of each half-year in order to be included in the issue corresponding to that half-year.
DISTRIBUTION, ACCESS AND REUSE POLICY
Works belonging to Cuadernos de Derecho y Comercio may only be copied, shared, distributed and publicly exhibited in part for purely academic purposes, and provided that the authorship and original source of publication are cited (journal, publisher, publication and identifying details of the work).
All the works belonging to the journal will be published in open access, with free access and free of charge by any user, once a period of six months has elapsed since their publication.
Works published in the journal may only be reused or published subsequently in other media if the author clearly indicates that the work was published initially in this journal and, in any case, once it has been published in open access and a period of six has elapsed since its initial publication.
No form of reproduction, distribution, public communication or transformation of the journal or its content for commercial purposes is permitted.
POLICY ON DIGITAL PRESERVATION
In order to ensure its preservation and availability in the future, the journal Cuadernos de Derecho y Comercio takes a number of measures detailed in the following sections:
- Conservation: The issues of the journal are produced in PDF format. This format, being a standard format widely established and used in the market, ensures its continuity over time and its adaptability to possible changes and technological developments that may arise, since it is a technology that can be easily updated and extrapolated to other formats.
- Backup copies: The content of the journal, Cuadernos de Derecho y Comercio, is archived and published in our offices and in the Data Processing Centers of the Notariado Foundation, accessible through the web https://publicaciones.notariado.org. All the contents of the journal and its digital format are copied periodically, applying the policies of incremental daily and monthly backups to external disks, in specific booths to store this information, thus preserving over time the legacy and editorial fund of the journal Cuadernos de Derecho y Comercio and mitigating possible losses of information in the event of disasters or errors.
- Metadata: Metadata with information about its content and technologies of use are included in the archives of the journal to facilitate their possible future recovery.
DATA PROTECTION
In accordance with the provisions of Spanish Personal Data Protection Act 15/1999, we hereby inform you that the personal data of authors will be processed and included in filing systems the controller of which is the journal Cuadernos de Derecho y Comercio.
We inform you in this regard that the gathering and processing of your data are intended for the functioning and organisation of the journal Cuadernos de Derecho y Comercio. The personal data obtained will be used solely for the purposes of the journal Cuadernos de Derecho y Comercio and will not be provided to third parties, other than by legal obligation.
Submission of works by authors constitutes their acceptance of processing and inclusion in the filing system, and the use of the data for the stated purposes.
The legally established rights of access, rectification, cancellation and objection may in any event be exercised by sending an email to cdc@notariado.org or by writing to the Editorial Board of the journal at Cuadernos de Derecho y Comercio, Calle de Silvano, 55, 28043 Madrid.
STYLE RULES
- Language: Cuadernos de Derecho y Comercio publishes works in Spanish, and occasionally in English, French, German and Italian.
- Content and length: the journal is divided into four sections: academic studies, legal practice, discussions of rulings and decisions, and reviews.
- Academic studies are original scientific works addressing a particular subject within any of the various branches of Commercial Law. They must be of a minimum length of 15 pages and a maximum of 40, at a rate of 3,520 characters with spacing per page (using Times New Roman font, size 12). They must also include a full bibliography at the end, including all works cited and any others consulted in preparing the study.
- Discussions of rulings and decisions may refer to any specific legal matter or question, rulings of the various courts or decisions of the Directorate-General for Legal Security and Public Records, which are of relevance given the inherent nature of the matter discussed, or its recent or controversial nature. They must be of a minimum length of 4 pages and a maximum of 15, at a rate of 3,520 characters with spacing per page (using Times New Roman font).
- The legal practice and commercial clauses section is intended for works of predominantly pragmatic content or purpose, without the need for a comprehensive prior bibliographic analysis. They must be of a minimum length of 10 pages and a maximum of 25, at a rate of 3,520 characters with spacing per page (using Times New Roman font, size 12).
- The final section is dedicated to reviews of books, doctoral theses, seminars, conventions or any other events of academic interest. They must be no more than 5 pages, at a rate of 3,520 characters with spacing per page (using Times New Roman font, size 12).
- Format: Works must be submitted in Word format. Paragraphs must be justified.
- Font: The body text should use the Times New Roman font, size 12, with single line spacing. Footnotes should be in the same font, size 10.
- Title: The title of the work to be published must be in Times New Roman font, size 14, bold type, and must be given in Spanish and English (the latter after the “keywords”).
If the work was authored within the context of a research project, reference to this must be made by means of a footnote to the title in Spanish.
- Authorship: The authors or co-authors must be indicated after the title in capitals, Times New Roman font, size 12. Their profession or position should be indicated on the next line, Times New Roman, font size 12, in italics. And on a third line below, the institutional affiliation of the author should be stated, in Times New Roman font, size 12, in italics.
- Abstract: All works must be preceded by a brief summary in Spanish and in English, of a minimum of four lines each. The abstract in Spanish should be included after the authorship details, and the abstract in English after the title in English.
- Keywords: All works must be preceded by a minimum of five keywords in Spanish and in English. The keywords in Spanish must be placed after the abstract in Spanish, and the key words in English after the abstract in English.
- Summary: All works except for reviews must be preceded by a summary with the following structure:
- Section headings should be printed in upper case and numbered with Roman numerals.
- Subsection headings should be printed in lower case and numbered in sequence from 1.
- If there are sections within the subsections, they will likewise be printed in lower case and numbered 1.1., 1.2., etc.
- Subsequent subdivisions will likewise be printed in lower case and numbered 1.1.1., 1.1.2., etc.
- Any further subsections should likewise be printed in lower case and ordered in sequence as letter A), B), etc.
- Citations: all citations included throughout the text must be accompanied by the corresponding bibliographic footnote with a consecutive numerical superscript reference. The reference to the work must be complete on the first occasion but may be abbreviated in subsequent references, although the corresponding page or pages must be indicated. All citations must comply with Standard UNE-ISO 690.
- Bibliography: The bibliography may be indicated by means of the corresponding footnotes numbered in sequence. However, in academic studies the full bibliography consulted must be included at the end, as a mandatory requirement. Bibliographic references must comply with Standard UNE-ISO 690.
Specific rules drawn from the stated standard to be taken into account:
- Forenames may be abbreviated to simply the initial.
- If the text has two or three authors, they must all be included in the reference, placing first the surname, followed by a comma and the forename or initial of each author. If there are more than three authors, the first may simply be stated, with the remainder being replaced with “et al.”.
- The edition should be indicated in the form that it appears in the source, if it is not the first edition.
- If details are not available for the publication date, an approximate date may be indicated, proceeded by the abbreviation “c.” (circa).
- Secondary responsibility for the work will be stated only where genuinely relevant.
- In the case of anonymous works, the first reference element will be the title.
Details are set out below as to how to record bibliographic references in accordance with the stated standard, as applicable:
- Bibliographic references to monographs:
SURNAME(S), Forename, Book title in italics, secondary responsibility, edition number, publisher, place of publication, year.
If the monograph consulted is an electronic book:
SURNAME(S), Forename, Title of the book in italics [online], secondary responsibility, edition number, publisher, place of publication:, year of publication (or year of update or revision). [Date consulted: day month year]. Available at: Resource URL or DOI.
- Bibliographical references to monograph chapters:
SURNAME(S), Forename of the author, “Chapter title” in SURNAME(S), Forename of the director/s of the monograph or coordinator, Title of the work containing the chapter in italics, edition number, publisher, place of publication, year, numbering (tome, volume…), first and last page of the chapter.
If the chapter consulted corresponds to an electronic book:
SURNAME(S), Forename, “Chapter title” in Title of the work containing the chapter in italics [online], edition number, publisher, place of publication, publication date (or date of update or revision), numbering (tome, volume…), first and last page of the chapter. [Date consulted: day month year]. Available at: Resource URL or DOI1.
- Bibliographic references to articles in journals:
SURNAME(S), Forename, “Article title”, secondary responsibility, Title of the serial publication in italics, year of the periodical including the article, periodical volume/issue, page range.
If the published journal is electronic:
SURNAME(S), Forename, “Article title”, secondary responsibility, Title of the serial publication in italics [online], year of the periodical including the article, periodical volume/issue, page range. [Date consulted: day month year]. Available at: Resource URL or DOI.
- Bibliographic references to websites or portals:
SURNAME(S), Forename (or Institution), “Title” in: Name of the website in italics [online], date. [Date consulted: day month year]. Available at: Resource URL or DOI.
- Bibliographic references to unpublished doctoral theses:
SURNAME(S), Forename, Title of the thesis/master’s dissertation in italics, class of unpublished work, Academic institution where presented, location, year.
ARBITRATION SYSTEM: EXTERNAL EVALUATION
The journal’s editorial management will forward those academic studies that fulfil the formal requirements and style guides to the external evaluation Coordinator, who will in turn forward them to at least two experts in the field, who will conduct an evaluation of the article. The authors will not know the identity of their evaluators, nor the evaluators that of the authors. The outcome of the evaluation process may be acceptance or rejection of the work for publication, or otherwise acceptance conditional on correction or revision by the author.
The journal’s editorial management must, on the basis of the external evaluation received, inform the author whether the article has been rejected, has been accepted, and in this latter case, if any improvements or amendments must be made. The deadline for this notification will be two months from receipt of the article by the journal.
Any claims against the decision to publish or otherwise must be sent by email to cdc@notariado.org and must be referred to the Advisory Committee for review and, if so decided, amendment of the decision previously reached. The final decision will therefore lie with the Advisory Committee, which must inform the author of the decision reached within one month of receipt of the claim.
In all cases the receipt and acceptance dates will be indicated at the foot of each academic study.
Puede consultar el informe sobre Cuadernos de Derecho y Comercio INFORME: