CUADERNOS DE DERECHO Y COMERCIO

Cuadernos de Derecho y Comercio surgió en 1987 con la finalidad de ofrecer al público especializado y estudioso del Derecho Mercantil trabajos de interés tanto académico como práctico con la intención de contribuir a un mejor conocimiento y ejercicio de esta rama del Derecho Privado.

 

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Cuadernos de Derecho y Comercio emerged within the former General Council of Official Colleges of Trade Brokers as a general publication in the field of Commercial Law in 1987.

The magazine was born with the purpose of contributing to the research in Commercial Law, promoting publications able to serve as a meeting point between the university and law professionals, with the purpose of establishing a connection between the depth and scientific rigour of the academic world and the perception of the needs resulting from the professional exercise due to the contact with the commercial and financial traffic.

After the integration of Trade Brokers and Notaries, the magazine remains faithful to its initial purpose: offer to the studious and specialised public in the field of Commercial Law works of both academic and practical interest in the means of contributing to a better knowledge and exercise in this brand of Private Law.

After many years working exclusively on paper, in 2020 the magazine launches the digital version in order to accommodate itself to the new technological reality and to achieve greater dissemination.

Cuadernos de Derecho y Comercio is published twice a year in the months of June and December. It publishes papers in Spanish, and occasionally in English, French, German or Italian and is divided into five sections: academic studies, comments on judicial rulings and resolutions, legal practice, commercial clauses  and reviews.

The first section contains original scientific works regarding a specific subject within one the branches of Commercial Law. The second section includes critical or analytical commentaries on specific legal issues, judicial rulings or resolutions of the General Direction of Legal Security and Public Faith, whose interest derives from the nature of the subject or from its recent or controversial character. The third one is geared towards practice and publishes papers which, either for its content, either for its pragmatic purpose, pretend to be working tools in the field of Commercial Law. The fourth one is focused on clauses used in commercial contracts which might be of interest for legal practice. Finally, the last section is dedicated to reviews of doctoral theses, law books, congresses or any other kind of events of academic interest.

 Likewise, for many years, the magazine has been publishing extraordinary monographic issues with a dual objective: broaden our knowledge of the different branches of Commercial Law -consumer law, company law, bankruptcy, competition law etc.-; and 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 objective is to fulfil 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 (catálogo v1.0), CARHUS Plus+2018 and CIRC. It has an ICDS of 6.5 according to MIAR.

EDITORIAL BOARD

Adolfo Príes Picardo

Notario

Consejo General del Notariado

Cristina Marqués Mosquera

Notaria

Consejo General del Notariado

Blanca de la Cámara Entrena

Notaria

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

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

Fernando Rodríguez Artigas

Catedrático de Derecho Mercantil

Universidad Complutense 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

Isabel Cortés Calvo

Consejo General del Notariado

Ubiqus Spain

AGtradinters

Miguel Rodríguez Muñoz

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 EVALUATION

Nuria Latorre Chiner

Profesora Titular de Derecho Mercantil

Universidad de Valencia

Anglès Juanpere, Benjamí

Prof. Universitat Oberta de Catalunya

Arias Varona, Javier

PTU Universidad Rey Juan Carlos

Baena Baena, Pedro Jesús

CU Universidad de Sevilla          

Bermejo Gutiérrez, Nuria

PTU Universidad Autónoma de Madrid

Colino Mediavilla, José Luis

PTU Universidad Complutense de Madrid

Gallego Lanau, María

Prof. AYD Universidad de Zaragoza

Iribarren Blanco, Miguel

PTU Universidad de Oviedo      

Rafael Illescas Ortiz

PTU Universidad de Oviedo      

Lara González, Rafael

CU Universidad Pública de Navarra

Lois Caballé, Ana I.

PTU Universitat de València      

Marín de la Bárcena, Fernando

PTU Universidad Complutense de Madrid

Martí Miravalls, Jaime

PTU Universitat de València      

Martínez Flórez, Aurora

CU Universidad Autónoma de Madrid

Meco Tébar, Fabiola

Prof. AYD Universitat de València

Miquel Rodríguez, Jorge

PTU Universitat Autònoma de Barcelona

Muñoz García, Alfredo

Prof. CD Universidad Complutense de Madrid

Olavarría Iglesia, Jesús

PTU Universitat de València

Pedrosa López, José C.

Prof. AYD Universitat de València

Pérez Millán, David

PTU Universidad Complutense de Madrid

Pérez Troya, Adoración

PTU Universidad Alcalá de Henares

Quintana Ferrer, Esteban

    PTU Universitat de Girona        

Recaman Graña, Eva

Prof. Asociada Universidad Complutense de Madrid

Rodilla Martí, Carmen

Prof. AYD Universitat de València

Rubio Vicente, Pedro J.

PTU Universidad de Valladolid  

Sánchez Ruiz, Mercedes

   PTU Universidad de Murcia       

Sedeño López, José F.

   Prof. Universidad de Málaga       

PUBLISHER

Fundación Notariado

Silvano, 55 – 28043, Madrid

Correo de contacto: cdc@notariado.org

LEFEVBRE-EL DERECHO, S.A.

Domicilio: C. Monasterios de Suso y Yuso, 34. 28049 Madrid

Correo de contacto: clientes@lefebvre.es

ISSN: 1575-4812

ISSN (versión digital): 2174-0836

ETHICAL PRINCIPLES OF PUBLICATION

The journal Cuadernos de Derecho y Comercio is committed to the ethical principles by which scientific activity must be guided, so as to guarantee not only the quality but also the ethical standards of its content.

In this regard, the journal is based on the Code of Conduct for Journal Publishers established by the Committee on Publication Ethics (COPE) in order to promote ethical conduct at all stages of the publication process and to ensure the scientific quality of works and their ethical content.

Practical guidance for authors:

1.  Authors must not present for publication any works that have been submitted or accepted for publication elsewhere.

2.  Authors must acknowledge in their works the bibliography employed in the research, and cite those publications that influenced the authoring of their texts. Where necessary, the relevant authorisation must be obtained in order to reproduce content from a source.

3.  The authors must, where applicable, declare who funded the research and also the role in research played by the funding party, if any.

4.  Authors must present their own original work. Plagiarism is deemed to include not only the appropriation of all or part of another’s work, but also the claiming of others’ ideas without citing their author; paraphrasing without citing the corresponding source, or excessively paraphrasing even if the source is cited; failing to use inverted commas in the case of verbatim quotations; or not properly declaring the source in question. Alongside plagiarism, scientific misconduct constitutes the fabrication, falsification or omission of data, repeated or redundant publication, and conflicts of authorship.

5.  If an author discovers any inaccuracy, omission or major error in their published article, they must notify the publisher of the journal and offer all possible cooperation in order to correct or withdraw the article in question.

6.  Authorship lies with all those who made a significant contribution to the authoring, structuring or conception of the work, all of whom must be recorded as authors or co-authors of the work. In cases of co-authorship, all those who contributed to the creation of the article must register their approval of the definitive text.

7.  The citations, opinions or references included in each article are the sole responsibility of the authors.

Practical guidance for members of the Editorial Board:

1.  The Editorial Board shall at all times oversee the quality of the works published and their appropriateness for the journal, in accordance with their significance, originality and clarity, evaluating only their intellectual content.

2.  The Editorial Board of the journal may reject texts presented for publication if they do not comply with its standards, without the need to submit them to external evaluation. The Editorial Board will to this end need to analyse whether the publication is original, and ensure that it is free of plagiarism by using the program referred to in “Instructions por publishing”.

3.  The Editorial Board will accept, reject or return manuscripts for correction or modification by the author, as a result of the review conducted by expert appraisers.

4.  If any plagiarism or other misconduct is detected, the Editorial Board shall publish any clarifications, retractions, rectifications or apologies that might be necessary.

5.  The members of the Editorial Board must maintain due confidentiality with regard to the articles sent for publication.

6.  The members of the Editorial Board must refrain from conducting any procedures in connection with the texts submitted if there is any type of conflict of interest with the authors. Both the Editorial Board and the external evaluation coordinator shall ensure that no situation of conflict of interest arises between the author and the external evaluators.

Practical guidance for the technical team:

The terms regarding confidentiality, conflict of interest and impartiality with regard to the members of the Editorial Board shall likewise apply to the members of the technical team of the journal.

Practical guidance for external evaluators:

1.  The Editorial Board guarantees the anonymity of the evaluators entrusted with reviewing the works, and as a result neither will the author be aware of the identity of those evaluating their article, nor the evaluators know who the author is.

2.  External evaluators shall be granted 15 days from receipt of the works to issue their evaluation report. Reviewers who believe they will be unable to meet the review deadline that has been set, or that the article sent to them lies outside their field of research, must immediately inform the external evaluation Coordinator.

3.  If any contradictory interest is noted, they must inform the external evaluation Coordinator before embarking on the evaluation.

4.  External evaluators are obliged to maintain confidentiality regarding the works sent to them for evaluation, and must not show them to or discuss them with third parties without the explicit authorisation of the publisher.

5.  The evaluation of texts must be performed on an objective basis, serving to establish which works published in the field should be cited, and to verify that opinions or arguments previously disclosed are accompanied by the corresponding citation. Upon conclusion of the evaluation a report must be issued, evaluating the works examined and setting out any corrections or suggestions that might be deemed relevant

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 in digital format are distributed under a “Creative Commons Attribution-NonCommercial 4.0 International” use and distribution licence. The legal text of the licence may be consulted at: www.creativecommons.org/licenses/bync/4.0/.

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).

Works published in the journal may only be reused or published subsequently in other media outlets if the author holds the corresponding authorisation from the publisher, in which case the author must clearly indicate that the work was published initially in this journal.

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: Magazines in digital format are produced in PDF and HTML formats. These formats, being both standard formats widely established and used in the market, ensure their continuity over time and their adaptability to possible changes and technological developments that may arise, since they are technologies that can be easily updated and extrapolated to other formats.
  • Backup copies: Journals are housed in library systems at a provider in Madrid, additionally copies are stored in our offices and in different cloud systems based in different locations in anticipation of their recovery from possible technological and/or natural disasters. In the event of any possible change in the magazines, copies of all the existing versions will be kept with a clear cataloguing of versions.
  • Metadata: Metadata with information about their content and technologies of use are included in the archives of the magazine 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.
  • The legal practice 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).
  • 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 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.

Informe Cuadernos de Derecho y Comercio:

Aquí