From joint ventures to unpaid invoices, Marbella’s booming business scene attracts foreign entrepreneurs and investors — but disputes are inevitable. If you’re facing a business dispute in Marbella, understanding whether it falls under civil or commercial litigation is key to resolving it efficiently. This guide explains the difference, how Spanish courts handle these cases, and what steps to take as a foreign client.
📊 1. What Counts as a Business Dispute?
Disputes typically arise when:
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A business partner breaches a joint venture agreement
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One party fails to pay for services or products
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There’s disagreement over ownership or shares
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Intellectual property is misused or rights violated
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A supplier or client doesn’t meet contractual terms
📌 These issues are common in Marbella’s construction, hospitality, retail, and luxury services sectors.
⚖️ 2. Civil vs Commercial Litigation – What’s the Difference?
| Type | Civil Litigation | Commercial Litigation |
|---|---|---|
| Typical disputes | Private contract, loan, or real estate conflicts | Business-related contracts, trade, investment, companies |
| Court venue | Juzgados de Primera Instancia (Marbella) | Juzgados de lo Mercantil (Málaga) |
| Common cases | Lease breaches, personal guarantees | JV disagreements, unpaid invoices, shareholder issues |
| Applicable law | Civil Code (Código Civil) | Commercial Code (Código de Comercio) |
| Complexity | Often simpler | Requires corporate and procedural expertise |
💡 Your lawyer will assess the dominant nature of the case to decide the correct route. Filing in the wrong court may lead to dismissal or delays.
📍 3. Where Are Business Dispute Cases Handled?
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Simple civil matters (like unpaid rent, supplier disagreements) can often be filed in Marbella.
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Complex commercial litigation, especially between companies or over €100,000, goes to the Commercial Courts in Málaga.
📌 Marbella itself doesn’t have commercial courts, so many high-value cases are redirected to Málaga’s Juzgados de lo Mercantil.
👨⚖️ 4. What Legal Tools Can You Use?
Legal remedies in Spain include:
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📑 Breach of contract claims
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🛑 Injunctions or medidas cautelares to freeze assets
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🤝 Settlement negotiation or judicial mediation
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💶 Damage claims for lost profit, harm to reputation, or interest
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🌍 Cross-border enforcement (e.g. of arbitration clauses or foreign judgments)
🌍 5. Foreign Clients and Business Disputes in Marbella
At Borderless Lawyers, we’ve assisted foreign clients with:
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JV conflicts where Spanish partners misused funds
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UAE and UK-based investors locked out of operations
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Freelancers and consultants unpaid for Marbella-based work
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Commercial lease violations with luxury storefronts
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Disputes between foreign shareholders in Spanish SL companies
📌 Many international disputes involve contracts drafted under foreign law — yet carried out in Marbella. Spanish courts may still have jurisdiction.
👨💼 6. Why Legal Representation Is Crucial
Business disputes in Marbella often involve:
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Spanish commercial codes
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Procedural rules unfamiliar to non-residents
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Court-mandated procuradores
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Strict deadlines and complex evidence
✅ Working with a business litigation lawyer ensures your case is filed properly, defended strongly, and — if needed — settled strategically.
📩 Conclusion & CTA
If you’re facing a business dispute in Marbella, don’t guess whether it’s civil or commercial — the legal path matters. With proper legal advice and the right courtroom strategy, you can protect your investment, reputation, and rights.
👉 Need help resolving a business dispute in Marbella?
Borderless Lawyers connects international clients with top-tier litigation experts in civil and commercial law across Marbella and Málaga.