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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.
www.costaluzlawyers.es

Yiyun Li. A thousand years of good prayers, The Vagrants....
30 January 2009

A Thousand Years of Good Prayers: StoriesJust discovered this author.... Have any of you read any of her books?

The Vagrants: A Novel

 

Or watch the movie:  http://www.washingtoncitypaper.com/display.php?id=36272 ?

http://www.youtube.com/watch?v=OV-9wdg9PDw

I am curious!

Que tengais buen finde!

Besos,

Maria

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es



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Legal tip 35. On Consumers Act III. Legal requirements for contracts with consumers in Spain.
30 January 2009

 

Article 62. Contract.

1. In contract with consumers and users, their desire to contract or, if necessary, to terminate the contract.  must unequivocally appear.

2. Are banned, in contract with consumers, the clauses that impose onerous or disproportionate obstacles to the exercise of the rights recognized in the consumer contract .

3.  Are banned, in particular,  in those contracts of services or for the  delivery of products or continuous tract, those clauses of unreasonable length or those time limits or constraints which prevent or hamper the
right of consumers to end the contract.
 
Consumers may exercise their right to terminate the contract in the same way they signed it without any penalty or onerous or disproportionate burdens, such as the loss of the amounts paid in advance, the payment of amounts for  services which have  not actually been provided, the execution of unilateral penal clauses which have been set by contract or the setting of
compensation ways that do not correspond with the actual damage caused.
 
4. The contracts for services or for the supply of goods or continued future goods should expressly contain the
procedure through which the consumer can exercise their right to terminate the contract.
 
 

By Taiger 808 at Flickr.com



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Legal tip 34. Mortgage holidays for property buyers and official credits for companies in Spain
28 January 2009

 Mortgage holidays and financing programms for companies in Spain

 

 

ICO. ( Official Credit Insitute) Aids for Mortgage holders and  small companies in Spain.


At least 35 financial institutions have already signed a contract with the ICO to provide a moratorium on mortgage payments, a measure included in the financial support measures for unemployed families, who can defer payment of half the fee for two years, as announced today by the president of ICO, Aurelio Martinez.
Martinez pointed out that  out of the 60 financial institutions that have joined the line, promoted bu ICO,he has already signed contracts with at least 35 banks and savings banks.



At least 35 bodies provide a moratorium on mortgage payments 
 

Santander, BBVA, Caja Madrid, La Caixa, Sabadell y Pastor  are among the 60 entities that have joined the partnership agreement of the ICO, which publishes a list on its website which is updated daily. Banca March, Banco Guipuzcoano, Cajasol, Ibercaja, Caja Vital and BBK have also joined.

Postponement of the mortgage
Specifically, the line, equipped with 6,000 million euros, will allow the temporary postponement of partial payment obligation of 50% of the mortgage share of the years 2009 and 2010, with a maximum of 500 euros per month.

The line is aimed for groups in especially difficult circumnstances which are holders of a mortgage on their habitual home of no more than 170,000 euros, which had been  formalized before September 1 and  who are not in arrears.

 

 

 

To qualify for this line, the applicant must demonstrate by 2010 one of the following conditions: being unemployed and being paid the subside during the three months before the application, being a  self-employed with cessation of activity during that period, being a  widow  pensioner of someone who has died after the signing of the mortgage, or having incomes below three times the monthly indicator of Public Income Multiple Effects (Iprem).

The term of payment of the deferred shares will begin in January 2011 and the  repayment period may be of three, five, seven or ten years, but in no case it will exceed the term of maturity of the mortgage. The interest rate for these deferred instalments will be variable and will be published fortnightly on the website of the ICO.

"Low demand for ICO copmpany aids"

 
Also, Martinez stated that the liquidity line of the ICO, endowed with 10,000 million euros to meet the financing needs of capital for small and medium enterprises, which are solvent and viable, will succeed. Of this amount, 5.000 million are provided by ICO and 5,000 by credit institutions.

Martinez acknowledged that the line has so far received "low demand", which attributed to the novelty and assimilated to the lukewarm reception of the initial auction of liquidity. However, he maintained that "there is an avalanche of applications from the self employed and that  the line will be used in its totality for sure”

On complaints from some employers who go to banks to apply for these lines and are informed that the ICO has not yet provided liquidity, Martinez considered normal for the staff of the entities to look for  responsible outside thei companies . "The staff is working for an entity and it has to defend it above all else”

And added that since the ICO made the first auction, the line is open to all entities and without limit, he said. " As far as financial institutions come and send proposals to us, we will distribute liquidity for them.


The ICO help line was hung on the website of the ICO  on December 23.

 

Free Translation from Europa Press news at El Economista by Maria de Castro

 

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 

Playa de Almuñecar, by Guervos at Flickr.com



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Legal tip 33. On Consumers Act II. Publicity is part of the contract.
27 January 2009

 

Article 61. Integration of offer, promotion and advertising in the contract.
 
1. The offer, promotion and advertising of goods or services will be tailored to their nature, characteristics, value or purpose and to the legal or economic conditions of the contract.
 
2. The contents of the offer, promotion or advertising, the benefits of each good or service, legal or economic conditions and guarantees provided are requirable by consumers, even if not expressly mentioned in the contract document  or  in the received document or proof and should be considered in determining the principle of accordance with the contract.
 
3. Notwithstanding the previous paragraph, if the contract contains more beneficial clauses , these will prevail over the contents of the offer, promotion or advertising.
 
 
 

 



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Legal Tip 32. On Consumers Act I. Preliminary contract information
26 January 2009

 

Article 60.  Preliminary contract information

1.     Before the contract is signed, the business owner must make available to consumers in a  way which must be clear, understandable and appropriate to the circumstances , the relevant,truthful and sufficient information about the essential characteristics of the contract, in particular on its legal and economic conditions and on the goods or services concerned.
 
2.      To this effect, those obligations of information on  the goods or services provided in this article and other  applicable rules will be obligatory and in addition: 
 
 a. Name, company name and address of the person responsible of the contract supply and, where applicable, the name, business name and address of the trader on whose behalf the first one acts.
 
b. Full price, including taxes, or budget. In any consumer information on the price of goods or services,       including advertising, the consumer will be informed of the full price, detailing in its case, the amount of increases or discounts that may be applicable, the costs being passed on to consumer  and the additional costs for ancillary services, financing or other similar payment terms.

c. Delivery date and the contract duration.

d. Procedure available to the consumer to terminate the contract.

e. Guarantees.

f. The language or languages in which the contract may be made when it is not the language in which  the pre-contract information was exposed.

g. The right of abandonmentof the contract which may correspond to the consumer, the term and how to exercise it.

3. Prior contract information should be provided to consumers free of charge.
 
 
 
 By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 

Ribera de Gaidovar. Grazalema. By Maesejose at Flickr.com



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Sunday: Time for music: Spanish songs of the 50´s, 60´s and 70´s
25 January 2009

http://www.youtube.com/watch?v=3MhwsZGAXI8

Sundays are for music.

Love,

María

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es



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Legal tip 31. Consumers Act. Abusive clauses: when business owners over-decide :)
23 January 2009

Article 85.  Abusive clauses because of linking the contract to the will of the business owner.

 Those Clauses that link any aspect of the contract to the business owner will be abusive (therefore illegal: null and void
[1]) and, in any case, the following:

1. Those clauses which give to the business owner who contracts with the consumer an excessively long or undetermined period  to accept or reject a contract offer or to satisfy the due good.

2.  Those clauses providing for an automatic extension of a fixed-term contract if the consumer and user does not oppose setting a deadline, not allowing effectively to consumers and users to express their desire not to extend it.

3. Those clauses which provide the business owner with the powers of interpretation or unilateral modification of the contract, except in the latter case, when there are valid reasons specified in the contract.

 For contracts relating to financial services the provider can reserve to himself the right to change without notice the interest rate/other expenses related to financial services paid by the consumer, when they are linked to index, provided that they are legal and it is described how rates change, or other cases of valid reason, provided that the employer is obliged to report it as soon as possible to the consumer and they can immediately cancel the contract without penalty.

Service providers may also unilaterally change the terms of the financial services of indefinite duration due to valid reasons expressed in the contract, provided that the business owner is obliged to inform the consumer with a reasonable advance and the consumer has the power to terminate the contract or, if necessary, withdraw unilaterally, without notice in the event of any valid reason, provided that the business owner report it immediately to the other contractors.

4. The clauses that allow the business owner to anticipate terminate a fixed-term contract, if the consumer and user do not get the same right, or those clauses which permit the business owner to terminate the contracts of indefinite duration in a disproportionately short term or without reasonable prior notice.

All the abovementioned do not affect to those clauses which allow the contract cancellation due to non-compliance or to important reasons, unrelated to the will of the parties, which alter the circumstances that led to the conclusion of the contract.

5. Those clauses which link the consumer to the contract in an unconditional way even if the employer had not fulfilled its obligations.

6. Those clauses involving the imposition of a disproportionately high penalty clause if the consumer does not meet its obligations.

7. Those clauses involving the subject of the contract obligations to a condition whose realization depends only on the willingness of the business owner, when the consumer is fixed to a firm commitment.

8. Those clauses which indicate just mere indicative delivery dates just subject to the will of the business owner.

9. Those clauses which exclude or limit the obligations of the business owner to respect the agreements and commitments made by his agents or representatives, or make commitments to the satisfaction of certain formalities.

10. Those clauses which set the pricing for the moment of delivery of the goods or services or those clauses which grant the employer the power to increase the final price agreed on, without objective reasons and without giving the consumer the right to terminate the contract if the price is much higher than the originally stipulated.

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 


[1] Added by Maria de Castro. Statement according to Consumers Act.

 

 

 

 Castellar´Castle. Inside street. By Luis Lopez-Cortijo



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Legal tip 30. You do not need to renew your 57/68 Bank Guarantee. They do not expire.
20 January 2009

 Expiration dates of  Bank Guarantees.  Please read  article 4 below.

The Aval Bancario (Bank Guarantee) or Insurance Contract were both established by a 1968 Law to protect buyers in off plan developments.

Art. 1. - The developer must guarantee the devolution of the deposited amounts plus 6% of annual interests rates, through an insurance contract or by bank guarantee, for the cases when the construction doesn't start or doesn't finish in the agreed time.They also need to open a special bank account for your amounts (different from the general one of the developer) and have it expressly written in the contract.

Art. 2.- In those contracts where the parties agree on anticipated mounts the developer must expressly state:

a) That the developer will give back to the buyer all the advanced mounts plus the 6%, in cases where the construction fails to tart or end within the agreed deadline, or the certificate of habitability is not granted.

b) Reference to the bank guarantee or insurance contract, indicating the name of the Bank or the Insurance Company.

c) Specification of the Bank or financial institution and the account number where the buyer's money is deposited.

At the signing of the contract, the developer will give the buyer the document that contains the guarantee (the Aval or the Insurance contract) and the document must have a reference to the amount that is anticipated.

Art. 3. - If the deadlines for starting or finishing are not met, the buyer can choose between cancelling the contract with the devolution of advanced amounts plus legal annual interests, or to concede a time extension, which will be stated in an additional clause in the contract, specifying the new deadline with the date for finishing the construction and completion.

The insurance contract or the bank guarantee together with the document that fully proves that the work has not been started or that the completion deadline has not been met nor complied, will have executive power as it is stated in the Title XV of Book II of Civil Procedure Law, to demand from the insurance company or the bank, the amounts that the buyer is entitled to, without prejudice of any other given rights also applicable.

Art. 4. Once the Habitation License is issued and the developer proves the delivery of the house to the buyer, the Guarantees granted by Insurance company or guarantoor will be cancelled. 

The First Additional Provision of the General Building Act ( 1999) states:

The receipt of amounts of money on account when building is done by promoters or managers will be covered by an insurance that will compensate the breaching of the contract in an analogous way as what is stated in Law 57/1968 , of the 27th in July, about the receipt of advanced amounts when building and selling houses.That Law, and its complemantary provisions, will be enforced when building houses, with the following modifications:

a. The expressed Law will be enforced for the promotion of every kind of houses, even those made under the regime of community of owners or cooperative association.

b. The guarantee which is stated in the aforementioned Law 57/1968 will be extended to any amount handed in cash or by any effects, which payment will be paid by standing order in the special account which is stated in the refered Law.

c. The guaranteed devolution will include the advanced amounts plus the legal interests of money which are in force till devolution is made.

d. Fines for breaching what is stated in the first paragraph of of the provision number 6 of the mentioned Law, will be imposed by the Autonomous Communities, the fine amount will be , for every contravention, of up to the 25% of the amounts which devolution must be secured or according to whatever is stated in the own regulations of the Autonomous Communities.

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

By Alvaro Carnicero at Flickr.com

 



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Legal tip 29. A suggestion for the Spanish National President of Lawyers?
20 January 2009

 

Carlos Carnicer, President of the Spanish  National Council of Lawyers ( CGAE) notes that he is preparing a report on the state of justice in Spain (EFE / CGAE, 19/01/2009)
 
19/01/2009 The Spanish General Council of Lawyers  is preparing a report on the state of Justice in Spain in which, among other things, specific proposals will be  raise regarding the largest deficits, as it was explained last Friday by its president, Carlos Carnicer  in Teruel , who reiterated his opposition to the strike of the judges.

Carnicer told reporters that for the report, which will include a survey of opinion on how the reality of justice is perceived in Spain, he will include the opinion of Judges, prosecutors, lawyers, procurators, Justice clerks and government, among others.

The president of the lawyers, who did not believe that the strike is a way to solve problems, recalled that judges are a power of the State and can not strike, but invited the judicial organizations , along with other groups as lawyers,  to press political parties to solve the problems of the administration of justice.

Spanish lawyers have been claiming for over thirty years  regarding the deficiencies in the administration of justice, without any success, because "so far it does not remove or give votes," said Carnicer, who recalled that in 1991, a number of  2500 Judges more were requested and that we need more judges now.

Carnicer presided Friday at the hall of the Museum of Teruel, the inauguration of the new dean of the Bar of Teruel, Manuel Gomez Palmeiro, who replaces Lucia Solanas.

Gomez Palmeiro, who in his speech expressed support for the judges in their demands, said to the media that there is a saturation in the Courts of First Instance and the launching of the Court 3 will alleviate this situation.

In his view, the increase in population and complexity of economic and social reality are factors which have led to the increase of cases in Courts.
 
Any suggestion for the President?
 
 
Camino al Mar  ( Path to the sea) by Pericoterrades at Flickr.com


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Legal tip 28. Minor work licenses
19 January 2009

 

 These licenses are intended for works that are characterized by their simplicity and low technical and economic and constructive entity, usually consisting of simple repair works, decoration... which does not require a signed technical project or high budgets. 

 

 In no case involving restructuring, distribution or substantial modification of Structural elements, they are minor works such as paving the ground, retiling the roof, bright ads...

 

 

 There are three types of minor works: 

 

Informed: This is not a license. They are works that are not subject to license or payment of fees or taxes on buildings, facilities and works.  They include grading work, plot cleaning, interior work that does not involve changes to ceilings, pillars and to the distribution of the building, extraordinary window decorations.... 

 

 

Works subject to licensing and to pay Construction, Equipment and Works tax but not to pay the  Local Council’s fee :  included are: plastering, stuccoing and  painting of facades, balconies, projections, repainting of  shutters, doors;  fences changing of doors and windows, re-roofing  not involving the structure, placement of exhaust and ventilation ... 

 

 

 They are minor works, subject to the obtaining of license, payment of Local Council fee and of the tax for Construction, Equipment and Works.  Includes front eaves, light box signs, closing of hollows of doors, balconies or balcony-window, window hollows, bumps on the sidewalks to facilitate access of vehicles...

 

 

Now... for your eyes:

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 

 

Tarifa dunes by CHODABOY at Flickr.com



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Legal tip 27: Keys back to the Bank: a right.
15 January 2009

Dación en pago ( dation in payment) is not something that you  will luckily and graciously obtain by the "wonderful mercy of the Bank"  BUT A RIGHT, out of provisions 1175 et seq of our Civil Code:

Article 1175.

The debtor is entitled to transfer their assets to creditors in payment of its debts. This dation, unless otherwise agreed,  will only  release him from liability for the  liquid amount of  the value of  transfered assets. Any agreement on the effect of these dations  concluded between the debtor and its creditors will be done according to provisions of Title XVII of this book,  and according to what is stated in the Code of Civil Procedure.

The offer of payment and the assignemt for collection

Article 1176.

If the creditor to whom the offer was made  refuses to admit it with no reason given, the debtor will be free of responsibility by the assignment of the good.

(...)

Article 1177.

For the assignment of the good to be effective, the debtor must  firstly announce it to those people interested in the obligation.

The assignment will be uneffective if it does not strictly conform  to the rules governing the payment.

Article 1178.

The appropriation will be made by depositing the goods before the judicial authority, to whom the offer will be credited in some cases, and /or the announcement of the assignment in others.  Once the assignment is made, it will have to be announced to interested parties.
 
Article 1179.

The costs of the assignment ,  where appropriate, will be paid by  the creditor.

Article 1180.

 Once the assignment has been duly made, the debtor may request the court  to cancel the obligation.

While the creditor has not accepted the assignemt or the approval of the Judge has not been made,the debtor may withdraw the assigned good or amount,  leaving the  obliagtion remaining.

Article 1181.

Once the assignment is made and the creditor allows  the debtor to withdraw the good or amount,  the debtor will lose any preference on the good. The co-debtors and guarantoors will also be  free of debt.
 
 
 By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

Castellar ( Cádiz)  reservoir. By Luis Lopez-Cortijo



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Legal tip 26. Overview of the health system in Spain
13 January 2009

 

Overview of the health system in Spain
 
All foreign employees and self employed workers must join the Social Security system in Spain and pay monthly contributions to social security through their employer.
 
 You will receive a social security card, which entitles you to free medical and hospital care. You can also hire a private insurance but treatment costs are not refundable except in certain emergency situations. In Spain 40% of medical treatment is private.

Treatment is free if you go to a doctor working in the Public social security system. If your illness requires special treatment, the doctor will send  the patient to specialists through a formal report.


The drugs are always prescribed by the doctor in a formal prescription note. Some medicines are not covered by social security.

Treatment in hospitals is free within the social security system, patients are also entitled to certain services, prosthetics, orthopedics, blood, etc… free of charge when necessary.


You can get private health coverage, addressing one of the many private medical companies in Spain. You can find them listed in the Yellow Pages as "Medical Societies."


 Regional Health Services of Autonomous Communities have assumed the powers, functions and financing for these services.  You can obtain a list of hospitals and health centers in the local Health system offices.
 
The State, through the National Health System, is the guarantor of quality and sufficiency of the services anywhere in the country. The network of hospitals associated with social insurance is managed by a state agency called INSALUD.



The Spanish state covers the health needs of all its citizens and residents through the National Health System, funded through taxes and run by the Autonomous Communities.

Over 90% of the population uses this system for their medical needs. This system allows the Spaniards and foreign residents to choose their General Practiciones, through which they gain access to the rest of the system.

Most patients get an appointment with their GP one day or two after the application. This does not entail any extra cost to patients, and the Regional government cover these costs.

Patients must be referred by the GP to see an specialist, except in emergencies. Unfortunately, as in most European countries, waiting lists for visits to specialists or for voluntary or non-emergency interventions are often long. Finally, the Spanish public health system covers only health care (with some exceptions), some  dental services and optical problems need to be treated by the Private Health system.

In recent years, private health has gained in importance. An estimated 15% of the population has private health insurance, including the majority of civil servants, who are given the option to choose between public and private. Insurance can be used either in addition or as an alternative to public health.

The advantage is that private insurance companies have their own network of hospitals, clinics and laboratories, so policy holders do not have to wait that long to be treated. The only problem is that companies can insist that the patients use only doctors who are members of their group. However, some company offer payment of 80% of Doctor´s bills non listed among those of their group. Major Private insurance companies are Adeslas, Asisa and Sanitas.

How to get health care?

As a foreigner can benefit both the public health system and private health Spanish.

Public health

Foreign employees working for a Spanish company and own-account workers in Spain have to contribute financially to the Spanish Social Security. These contributions entitle them and their families to a free or subsidized health care under the same conditions as a Spanish citizen. Although under Spanish law everyone has the right to free health care regardless of whether or not listed in the social security system.

 You need to approach the Health Center closest to your home to apply for the Health card with your residency card. You will receive a health card by mail after a few weeks.

If you are a citizen of the European Union, you are automatically entitled to free health care in Spain thanks to bilateral agreements between EU countries. Since mid-2004,  there is an European Health Insurance Card which simplifies the process of receiving medical care in EU countries. This card substitutes forms E111B and E111, E110, E128 and E119.

Private Health

Anyone can apply to private health. Companies often provide medical and dental care at a discount if you ask for General Policy and Specific dental policy. Prices vary depending on age and sex of the applicant, but they are not too high.The average cost of the premium for a man of 30 years starts with € 40 a month, while for women is a little higher, around € 50 a month.

If you are not covered by the social security system in your country or for any private insurance policy, you can receive treatment from any doctor, but you will have to pay in full.


Where to go in case of emergency?
 
In an emergency, go directly to the nearest emergency room if you do not have private insurance, go to a public center.

Although under Spanish law, any medical facility, whether public or private, has the obligation to treat patients in an emergency, regardless of their life insurance, this only applies in cases where a situation of life or death. The responsibility to decide depends on the doctor or nurse on duty. Use the emergency number 112 if you need an ambulance.

Finally, for a list of doctors who speak other languages, it is best to ask at the embassy or consulate in their country. Often have lists of doctors available to their citizens.

Where to go in cases of minor ailments?

Most people go to the pharmacy for minor ailments. They are easily identifiable by the bright green cross which appears on the outside wall or in the window.

Pharmacies take turns to provide  services outside of business hours (night and holidays) and pharmacies on duty. You can see what Pharmacy is on duty in the newspaper or watching in the window of any pharmacy, where they usually put a list.

Spaniard pharmacists are more educated than in other countries and can advise on treatments for many common diseases and ailments, but they are not a substitute for the doctor if it's a more serious problem.

Spain is not too restrictive in terms of  medicines availability. Medications typically cost far less than in other countries because of price limits imposed by the government.

Registration in social insurance and obtaining a health card?
 
Enrollment in Social Security.

 Legal workers always need a Social Security number. They are registered in the system when they are hired or self-employed.
 
It is illegal to have workers without their proper registration in the Social Security System.
 
This number is also of use for health issues of the worker and his/her family.
 
Once you have your number within the Social Security Syste, you can apply for Doctor allocation, which is an easy step to be implemented at the health center closest to your residence.

Card issuing and allocation of health.

To receive a health card (plastic card for Social Security) you need to go to the nearest health center in the town, and complete the form which is designed for that purpose. In this step, you can also choose among the list of  medical professionals of the health center, whos is called “ médico de cabecera o medico de familia” and who governs and monitors all the health care services which are needed by the insured . At this time, you receive just a sticker and will be sent by mail the plastic card within 30 days. You need to fill in as many forms as people dependents of the insured wish to register: a template for each child and the spouse.

  
¿Healthcare for illegal immigrants in Spain?

Healthcare is the provision of medical services and pharmaceuticals necessary to preserve the health of its beneficiaries. You just need to be registered in the Locan census for this healthcare, because otherwise the law is limited to emergency medical treatment for illness or injury until discharge.


All foreigners can register, although they are in Spain illegally. Minors and pregnant women have healthcare rights even if they are not registered in the Census.
 
 
 
 
 
Stone Fountain in Jewish village in Seville.
 


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Legal tip 25. Subject of foreigners to the same taxes as Spaniards.
13 January 2009

 

Article 15. Subject of foreigners to the same taxes as Spaniards.

1. Without prejudice to the applicable agreements on double taxation, foreigners are generally subject to the same taxes as Spaniards.

2. Foreigners have the right to transfer their earnings and savings obtained in Spain to their own or any other country, following the procedures established under Spanish law and in accordance with applicable international agreements. The Government will take the needed measures to facilitate such transfers.
 
 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

Andalusian roofs by Ruth Flickr at Flickr.com

 



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Legal tip 24. Rights of foreigners to Social Security and social services in Spain
12 January 2009

Article 14. Right to Social Security and social services.

1.  Foreign residents have rights to access  the benefits and social security services under the same conditions of Spaniards.

2. Foreign residents have rights  to enjoy  social services and benefits, of both general and specific kind, under the same conditions of Spaniards.

3. Foreigners, regardless their administrative status, are entitled to  basic social services and benefits.

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 

 

By Roberto Pecino ( at Flickr.com)

Whitewashed facace in Grazalema



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Prosperity for kids
08 January 2009

http://www.prosperity4kids.com/index.shtml

Another wonderful way to face crisis times in a positive way... to teach our kids and learn ourselves trough the teaching.

Have a great day!

Maria

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es



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Taxes in Costaluz according to Aristotles.
07 January 2009

Starting 2009, we are preparing new services to you.... Yes, we want to follow Justin´s momentum to build a great 2009 for all EOS friends.

 Mar Durio, who is a non resident taxes expert in adding the team to join forces in your favour.

She is offering today to you an old article she posted in our web when she was collaborating with us as an external expert.

Please do not hesitate to contact us if you have any taxes-related doubt. She is eager to help and advise.

Sigamos adelante con nuevo entusiasmo!

Very best from Algeciras!

Maria

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

 

-----------------------------------------------------------------------------------------------

 
 
  Yes, Spain also have a Treasure Departmnet..... you would like to avoid.  These are the general guidelines of taxes obligations in Spain, anyhow, an expert advise is always recommendable in order to "crafty" minimise or even eliminate your taxes burdens. Hey.. I am not encouraging you to taxes criminal conduct but to just appease the Government passion to collect!  Moderation is a great virtue accordoing to  Aristotles, as he said:
 
with respect to the enjoyment of pleasures,
temperance is a mean between
the excess of intemperance and the deficiency of insensibility;
 
This is What MarDurio says ragarding taxes in Spain: 
 
 When you buy a property in Spain, and after the payment of all the taxes involved in the proper purchase, having a property create several taxes to be paid annually, as in every other country of the world. In this country, there are four different taxes: Two to be paid to the Town Hall, and other two to the Inland Revenue Offices:
 
TOWN HALL:
 
-         I.B.I. (Impuestos sobre Bienes Inmuebles): This is the annual contribution for having a house. It appears once or twice a year.
 
-         RUBBISH COLLECTION: It appears twice a year, 1 Semester to be paid around April, and the 2nd Semester that uses to appears around August-September.
 
INLAND REVENUE OFFICES:
 
-          WEALTH TAX: A tax for having a patrimony in this country, and it is calculated over the Purchase Price shown in the Title Deed, and should be paid every year since January to December. Supressed from January 1st, 2009.
 
 
-         INCOME TAX: This tax is an average of the possible income takes for having a property in Spain, (it does not matter if you rent it or not, or if you have an income or not, and it was created to avoid tax evasion in general from foreigners who have houses in Spain and rent them). It is calculated on the above Cadastral value, and has to be paid at the same time as the previous one.
 
-     LEASED URBAN PROPERTY
The income to be declared in this case is the total amount collect-ed from the tenant, without deducting any expenses.
 
This income is chargeable when it is claimable from the tenant or when it is collected (if earlier). Each rent due is taxed separately and, consequently, a return must be filed for each rent due.
 
Nevertheless, collective returns may be filed which may include various chargeable income of one or more taxpayers falling within a calendar quarter. If the collective return includes the income of several taxpayers, the person filing it must be a representative or one of the persons which the law regulating this tax defines as being jointly and severally liable (payer or administrator).
 
- Filing period: for ordinary returns (form 210), the deadline is one month after the date on which the rent is due. Collective returns (form 215) relating to a quarter must be filed within the first 20 calendar days of the month of April, July, October or January following the first, second, third or fourth calendar quarter, respectively.
 
- Tax rate: 24%.
 
Theses taxes could be deducted in your own country’s tax declaration.
 
Once all this explained, we inform you as well that either you can declare by yourself, or to use the services of a Fiscal Representative for your comfort, for which reason we offered our service to you.
 
If you decide not to pay these taxes, it should be under your own decision, but let advise you of what you should have in mind: that, when you decide to sale your property in the future, as foreigners, you will have a legal retention of the 3% over the sale price, which will be given back to you once the Tax Offices checked that all the previous taxes are paid. If they find some unpaid taxes, they will discounted them from the retention previously made for said purposes, with their corresponding penalties for not pay in due time. Therefore, as you can see, taxes are going to be paid in one way or another.
 
We hope that this matter is now clearer to you, in order to permit you to understand better our tax system, and your obligations with this country for having a property here.
 
Please, do not hesitate to contact us for any other query.
 
Yours sincerely
 
María del Mar Durio 
 


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