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El blog de Maria

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

Legal tip 484. Cataluña Notaries for giving keys back to the Bank
31 March 2011

In a recent conference held at the Notary Society in Cataluña.

Some good measures proposed by them:

 

1.- Bank to repossess houses to the level of 80% of the debt against the current 50%.

2.- Delay interests to be in balance with market interests against the current 20%.

3.- A better regulation of property valuations system is also seen as very necessary as this has been on of the main source of problems of the current system.

4.- To promote notary sales of repossesed houses against costly and slow  judicial processes. This needs to be expressly agreed on the mortgage deed.


The dean of Cataluña Notaries stressed that the role of legal proffessionals is to propose balanced visions of problems and to propose fair solutions in order to impede abuses against individual people at the same time as protecting lenders


He added that we need to learn from the current crisis and to introduce those modifications which will improve the system and which respond to an increasing and justified social alarm. 

"Golf Club La Alcaidesa", by Luis López-Cortijo



Like 0        Posted at 08:29   Comments (1)


Legal tip 483. Justice for Law: Banks listen please
29 March 2011

 Valencian Judges Association  Jueces para la Democracia considers that it is needed a reform with retroactive effects: Banks cannot be benefitted at the expense of lifelong debts for citizens.

Banks need to acknowledge their liabilities regarding the financial and economic crisis and therefore the closure of the debt through the dation in payment process (giving houses to the Bank) is a matter of Justice.

Social circumstances and consideration to individual people have made Judges start passing new decisions in Spain by which giving the house to the Bank extinguishes the debt. First Court decision was passed by Navarre Court in January.

ADICAE, the association of users of Banks, Saving Banks and Insurance Companies is fighting hard for Users rights to be heard. They are setting forty informative tables in 28 provinces of 15 autonomous communities for the support of citizenship.

Just in Valencia region more than 50.000 people have lost their homes during the last four years due to the impossibility of meeting the mortgage loan.

Lawyers, Economists and Judges have a beautiful role to play in this battle: good lawsuits well argumented and defended, probably with econometrics studies attached will make Judges to see clear how the whole burden of irresponsible credit activities and obscene past and present benefits by Banks cannot become the way to kill the life or families and people by devastating their economies.

In this sense it is good that Consumers Law is a consolidated discipline in our modern legal orders by which the weak party within a commercial transaction have a set of assumptions and privileges on his favor. A market which is respectful towards consumers rights become humanized and balanced for the benefit of all, for the benefit of the market itself too. It is a win-win discipline.

In equity and justice I can see someone being liable before his creditor with all his goods (present and future) if the creditor was completely foreign to the creation and promotion of an irresponsible credit object and the debtor was fully aware of all the risks and consequences.

But….if the creditor, being the professional party lent without the required responsibility (without paying attention to risks, making the credit object something intrinsically and potentially impossible, without meeting the required standards of professional diligence and serious balance of benefits/risk), the consumer, who is the weak, non-professional and inexperienced part needs to be covered by the standards of Consumers Law and protection.

New Laws on financial consumer protection should also include some retroactive measures for past irresponsible credits (for instance mortgages of more than the 60-70% of the value) inspired by principles of Consumers Law and classic legal categories such as equity, proportionality, ad impossibilia nemo tenetur…. At the end of the day, the Sources of the Spanish Law order are Law, Uses and General Principles of Law.

Vejer General View by elarequi61 at Flickr.com

 

 

 

 



Like 0        Posted at 11:15   Comments (11)


Management tip 41. They all want Women ! ;)
24 March 2011

Women Bosses Get Higher Marks

Edenred; IESE

Original document: Endenred/IESE Conciliation Barometer

Year: 2010

Language: Spanish

 

 
Spanish employees say they prefer to have women as bosses because they are more open to conciliation concerns and express greater interest in their work.

IESE and the corporate services company Edenred surveyed 1,200 workers. They found that among those under the age of 35, their level of satisfaction varies little regardless of whether the boss is a man or woman. But employees over 35 are more satisfied if the boss is a woman, and this is even more pronounced for those over 50.

Bosses with children also get higher marks from subordinates who also have kids, especially if the boss is a woman. In general, male bosses without children are the least highly regarded.

Male employees say they hardly detect any difference between male and female bosses when it comes to bosses acknowledging their work. But female employees give higher marks to female bosses for receiving recognition of a job well done.

Company Loyalty
 
Conciliation and motivation are important factors that determine levels of employee commitment and retention. Those most satisfied with their work/life balance are those who want to continue with their company.

The nature of workers’ motivation also affects their level of satisfaction. Employees with altruistic motives tend to be the most pleased with their jobs, followed by those who take an active interest in learning and positively embrace new challenges. The least satisfied employees are those whose main motivation is to make money.

Another element is company benefits: 91 percent of employees whose companies provide day care recommend their companies as good places to work. Other perks viewed favorably by employees are transport aid (75 percent), medical insurance (73 percent) and a subsidized meal plan (71 percent).

Job Position Influences Satisfaction

Senior executives are most satisfied with their jobs overall, followed by executives or engineers and middle managers. People who work in services and sales departments are less satisfied with their jobs.

But when it comes to work/life balance, people who work in services and sales are, along with senior executives, those least satisfied with their situation, whereas 71 percent of administrative workers are satisfied or very satisfied with their work/life balance.

Competence
 
Employees were asked to assess the skills and competence of their bosses. If their boss is of the opposite sex, employees tend to rate them lower. What’s more, middle-aged subordinates are the most critical of their bosses.

Motivation also influences this assessment: People who view their jobs primarily as a means to make money tend to have a much worse opinion of their bosses.
 
"Golf Club La Alcaidesa", by Luis López-Cortijo


Like 0        Posted at 11:44   Comments (0)


Management tip 40. Art and business: cultural tourism
24 March 2011

 It is intersting as we discussed on the future of cultural tourism in Spain with clients who came to have lunch with us yesterday.

Very Cheers!

Maria

http://insight.iese.edu/fichaMaterial.aspx?pk=7283&idi=2&origen=1&idioma=2

"Golf Club La Alcaidesa", by Luis López-Cortijo



Like 0        Posted at 11:29   Comments (0)


Legal tip 482. 3 days-express limited liability for company incorporation in Spain
23 March 2011

Limited- liability companies with share capital inferior to 3.100 € under any of the models published by the Justice department, will be under special deadlines:

Notary deed will be authorized by the Notary same day of receiving the Negative Denomination Certificate ( which certifies no other company has same name) issued by the Central Commercial Registry.

The Commercial Registrar will calify and register the company within 7 working hours after the telematic reception of the deed

Fees will be of 60 Euros for Notaries and 40 Euros for the Registrar.

For other companies which are not limite- liability, or being limited liabilitiy has a company as one of the partners or the  share capital is over 30.000 €,  the incorporation is a bit more complex than the one described above, but still more simplified than the old process.

Tarifa beach!! by DarkBkade at Flickr.com

 



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Legal tip 481. Again on the European Enforcement Order
22 March 2011

Not that easy, not to panick! These are our two most repeated pieces of advise when talking about the European Enforcement Order.

The Spanish Bank who would be looking to use the EEO for the seizure of UK assets ( I have not read of any real one), need of course to follow the procedural rules in Spain first as if not, there will  be no debt to be certified by the said order.

If a Bank obtained an EEO without serving legal notice of repossession to the debtor and/or without giving to the debtor the legally required possiblities for contest and defence ( which I see as not likely as Courts are monitoring and issuing these Orders), you, the debtor, in the UK, who would see your UK goods " at risk" will have rights to contest the issuing and the enforcing of the EEO as null and void.

Rights to defence is one of the most important rights of our Constitution and every State of Law and it has of course been fully covered when the EU created the EEO.

Maybe you can take a view on these links:

http://www.eyeonspain.com/blogs/costaluz/4600/legal-tip-404-basics-on-the-european-enforcement-order.aspx

http://www.eyeonspain.com/blogs/costaluz/4967/legal-tip-449-important-points-on-the-european-enforcement-order-not-to-panick.aspx

Have always a good lawyer by your side, these are not complicated matters but have their procedural tricks to pay attention to.

Cheers,

Maria

 Calle Pureza, Plaza Altozano, Sevilla by Von_Boot at Flickr.com

 



Like 0        Posted at 08:25   Comments (2)


Legal tip 480. 1 week for Company incorporation in Spain
21 March 2011

By virtue of recent Royal Decree-Law 13/2010 for investment and employment fostering:  

-        Faster Companies incorporations: Online incorporations:

  • +1 day. First required document: the “ negative denomination certificate” ( NDC) , which states that the name chosen for the company is not already being used will have to be issued within 24 hours from application.
  • +2 days. Notary deeds for incorporation will be issued within 24 hours from reception of the  NDC.
  • +2 days. Same day of deeds signing, the Notary will send by telematic mean the deed to the Commercial registry and will be able to apply for a provisional Tax identification Number to the Treasure.
  • The Commercial Registrar will have to decide and practice registration within 3 working days.
  • +5 days. No fees for the publication of the new company in the Commercial Registry Gazette and fees for the full incorporation are of 250 €: 100 € for registrar and 150 € for Notary.

Total:  5 days and 250 euros for a company in Spain

Who is up? Lots to be done in Andalucia. We have an ideas trunk  here at the Law Firm. Please come and pick yours.

San Mateo Church in Tarifa, Cadiz, Costa de la Luz, Spain by Von_Boot at Flickr.com 



Like 0        Posted at 10:40   Comments (1)


Legal tip 479. Renewal of first occupation license in Valencia region
17 March 2011

 A green post in Saint Patrick´s day:

For Valencia region ( Alicante, Castellón and Valencia) , there is a need of renewal of the initial habitation license:

-Once ten years have passed since the obtention of the First Occupation License, and there is a transmission or new supplies( water, was or electricity) contracts are needed. In these events, if there is not intial Occupation License, for all or part of the building/house, a new one will have to be obtained.

-Always, if new works are carried out in the house which because of importance or dimensions require a project, regardless the time since First Occupation license.

The purpose of the renewal is to check and revise that the house keeps having habitability conditions.

 Tarifa waters and Africa Lands at the horizon by Graye at Flickr.com


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Legal tip 478. Why Law 57/68 has not been enforced?
16 March 2011

Today on the forum:

Law 57/68 has not been fully invoked by Lawyers in Spanish Courts till very recently, that´s why it has not been fully enforced.

This lack of invoking/enforcing has been due, in our opinion, to several different reasons:

1) Lack of proper understanding of the Law, somehow motivated by its lack of clearity and precision, or due to a poor posterior development of the same.

2) Lack of the circumnstances that made it invokable.

3) Lack of  serious understanding of the need for putting external, pro-consumers limits to Banks´ acts and decissions. An oversupremacy of financial markets.

Boat in Tarifa Port, Cadiz, Costa de la Luz, Spain by Gmonterofv at Flickr.com 



Like 0        Posted at 10:41   Comments (2)


Legal tip 477. Contract reciprocity
15 March 2011

Yes, that is what, according to European Directives and National legislation on Consumers Law,  adhesion or boilerplate contracts drafted by  developers companies need to keep  ( among other features)  for the protection of consumers.

This is exactly what this good Judge in Murcia ( see post dated the 7th of December below) applied, when he integrated the abusive clause which established a 100% penalty  when the buyer breaches the contract. 

If the buyer gets legal interests ( out of law 57/68)  when the developer breaches the contract,  being this 4% or 5% the vendor should have, no more, no less, rights for an equivalent amount.

It is very simple

Maria                                                                                                                                                                                                                                                                                                                                                                                                                                                       Legal tip 409. Good for Murcia Appeals Court in favour of consumers! 
07 December 2010 @ 16:35 

 

Another good new today, a Court decission by Murcia Appeal Court by which it is established ( this has Case Law value), in accordance with other jurisdictions in Spain, that penalty clauses when consumers do not complete on off plan purchase contracts can be just of legal interests level ( 4-5% of amounts paid) 

 

This.... against what many contracts in the Murcia area established : loss of the total amounts paid by consumer to developer.

 

Again in application of Consumer Law and good faith and balance contract principles.

 

Again... another proof of a healthy legal system :)

 

Cheers!

Maria

Tarifa, Cadiz, Costa de la Luz, By Von Boot at Flickr.com



Like 0        Posted at 17:01   Comments (5)


Legal tip 476. The Social Character of Economy!
15 March 2011

 

All political parties in the spanish Senate gave green light to the Social economy Act. Now it is being forward to the Congress for definitive approval.  The Council of Ministers approved this act last July with the aim of acknowledging several entities and organisation as of general interest and tp foster their promotion and development. It will simply give more legal coberture to institutions of social aid.

 

 Instead of classifying some few entities as social against the rest, I think that all fields of economy (financial, services, market, health, education, sales…) need to be social oriented for them to be sustainable. I am not a socialist. Believe me. My orientation is always pro-person, personalist.

 

It is simple and at the same time it seems so difficult for human beings to understand that we are co-beings and that our existence turns better as far as we look for common goods, general interests… in every aspect of our social, professional and economic life. The contrary, how we generally understand the proffesional and ecionomy life is a dichotomy between what we are ( co-beings) and how we do ( individualism).

 So, no just institutions such as ONCE or CRUZ ROJA should receive awards due to social contribution but every single company (Banks included :) should be meriting for a social- oriented, person-oriented behavior. Going the opposite ways drives us to tremendous crisis like our days´. The benefit-only approach is a self-destructive spiral for any economic body.

 

And far beyond the  nominal attributes or website tabs on “ social responsibility” every company ( Banks included again :) would need to have a body of philosophers to orientate its values, missions and ways in a sense which is social-person respectful at every level without leaving the benefits. Just a matter of wise reflection and balance, nothing else, quite simple.

 Strong and truthful clients services make a distinctive impact for companies to shape themselves properly towards the right orientation.

 

Consumers rights and protection is always a very civilized attempt to restrict possible excessive forces of the market.

 Let´s not just leave the adjective social for aid stuff , we all are social beings and all we do needs to be social oriented, which is as simple as taking persons and their common good into account.

Personalist Philosopheeeeeeeeeeeeeeeeeeeeeeeeeeeeeers!!!! where are you?

 

Maria

Door in Tarifa, Cadiz, Costa de la Luz, Spain by Libargutxi at Flickr.com 



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Legal tip 475. More arbitration and better european small claims in Spain
14 March 2011

Spanish Congress has just approved the project for  the reform of the Arbitration Act.


It has also approved a new text for our Civil Procedure Act  in order  to make easier in Spain the european small claims
 
These two acts need to be discussed now in the Senate.

The purpose of the Arbitration Act is to reduce Courts workload and to bring speed and conformity to the arbitrors´decissions. This reform aims to foster the use of arbitration and  to reinforce the internatinoal position of Spain as arbitration Court, mostly in relation to latinamerican countries. 

The reform for the european small claims procedure  will be of special interest for commercial transactions for small and medium companies.The project wants to rise from 900 € to 2000€ the amount which do not require a lawyer and a Procurator.
 
Door in DownTown tarifa by Ricky Salvatierra at Flickr.com 


Like 0        Posted at 18:18   Comments (1)


Legal tip 474. Martinsa Fadesa "overcoming" unsolvency status
14 March 2011

Judge of Commercial Court in Coruña has passed a decission  where he approves the agreement reached by its creditors. This agreement establishes the calendar and conditions for the payment of its debts.

The Company is committed to pay its entire debt within 8 years, starting in 2012. Debt repayments from 2012 to 2014 will be of just 0,25% and 0.50%

Banks will be able to cash debts for shares if they get not paid.

Off plan purchasers?: Best option again, to use action 1.2 against Banks which receiced deposits and did ot secure on the existence of Bank Guarantees. Nothing to be expexted from Creditor´s meeting in favour of off-plan purchasers.

 

Tarifa by DarkBlade at Flickr.com

 



Like 0        Posted at 15:59   Comments (1)


Legal tip 473. Spanish Judges pushing Congress for faster Justice
14 March 2011

 

 

Top Judges in Spain: Supreme Court, General Council of Judicial Power, the President of the National Audience and 17 presidents of Regional High Courts have recently met for the " urgent" processing of two key reforms for Justice administration: judicial procedures speeding up and technological modernization. 

El rincón de Juan, Tarifa, Costa de la Luz, Cádiz, Spain elarequi at Flickr.com

 

 

 

 

 

 



Like 0        Posted at 11:41   Comments (1)


Management tip 39. Passion and sober life
10 March 2011

A question and an answer on the blog today:


 

Heather said:

 

 
10 March 2011 @ 15:58

Maria if only a small percentage get their money back how can lawyers survive, surely they need to get their fees and legal costs especially when cases have been going on for years?


Maria said:
10 March 2011 @ 16:22

Dear Heather:
I am so glad you made that question as ..... it is interesting how sometimes people think that we are becoming rich out of this battle.

I do not know how other lawyers survive, we survive out of great efforts, constant process revisions to maximize our resources and sober life.

And we are happy people!

Maria
 
Ps.- Of course we are expecting Banks to honour liabilities so we can increase the reserve funds of the company to make it the most solid and stable. We are sure those fees will  come! 
 
"Golf Club La alcaidesa", by Luis López-Cortijo

 

 



Like 0        Posted at 16:26   Comments (2)


Legal tip 472. If Banks paid...
10 March 2011

 Amounts covered by Bank Guarantees or out of  their liabilities as depositers ex provision 1.2 of Law 57/68....

 How  many of you would  buy in Spain again?

Now that it is the day were Banks grades are being published...

A former post on this topic  

 



Like 0        Posted at 15:17   Comments (5)


Legal tip 471. Results of Spanish Banks´ solvency status to be published today
10 March 2011

 Spanish financial system under final tests today.  

Bank of Spain will publish today the list of financial entities which need capitalization and how much they need to meet the minimum ratios. Those below the ratio will present within 15 days a plan for recapitalization. If they need the aid of the Restructuration Fund (FROB) they will have two weeks more for the presentation of the plan. If the plan is not meet by September 30th, they will receive public funds.

The required ratio is equivalent to the core capital which is the capital maximum quality international reference. It relates capital and reserves with risk assets.
CatalunyaCaixa y Unnim, NovaCaixagalicia and Caja EspañaDuero are those entities with lower capital ratios and less attractive to private investors during the following months.  
The main goal of this tests and plans is to reinforce trust on Saving Banks, Banks and Spanish Economy. If they are solved, the foreign financing flows  will return to Spain.
"Golf Club La Alcaidesa", by Luis López-Cortijo
 


Like 0        Posted at 08:42   Comments (0)


Legal tip 470. Electronic Justice Act in Spain
09 March 2011

Council of Ministers have just approved the proyect of the Technological Justice Act, the aim is the processing of judicial procedures through electronic ways in its entirety.

The project has been enriched by the contributions of the General Council of Judicial Power, The General Attorney, the General Council of Lawyers and the General Council of Procurators.

This Act is a result of the e-Justice plan of the European Union and facilitates relationships of citizens and professionals with the Justice Administration. The Justice Minister assures that a more accessible, transparent and dynamic Justice will be achieved with the introduction of this Act.

Electronic data transmissions and database keeping of the same will take the place of the old paper notices and archives.

Citizens will have the right to choose the electronic way and professionals will be under obligation to the use of the same which will drive to the fully electronic management of judicial claims and therefore more efficient and dynamic processes.

The new Act also includes a set of information about criteria and recommendations on safety, keeping, normalization, formats etc..., and a minimum common ground for different computer systems to be compatible and fully functional. These criteria will be managed by a National Public Committee on Electronic Justice formed by members of the Justice Department, Regional Justice Authorities, General Counsel of Judges and General Attorney Office.

Yes, a new reason to look into the future and recover trust in Spain

Natural Park in Tarifa by Franci Esteban at Flickr.com

 



Like 0        Posted at 07:15   Comments (4)


Legal tip 469. Housing cooperatives growing in Spain
08 March 2011

According to the papers today housing cooperatives are increasing in Spain. :)

Residents have to pay a small deposit at the beginning of the living  and then a small monthly quota, lower than rents and of course lower than mortgages. Involvement of local Councils is desired...

Looks like natural vitamins for the real estate market, maybe strange or difficult to swallow at the beginning but most healthy for the whole social body.

We made two posts on this a while ago:

Northern europeans, sun and cooperatives in Spain 

Northern europeans, sun and cooperatives in Spain II

Cheers,

Maria

Spanish sun by positivelypurple at Flickr.com



Like 0        Posted at 11:01   Comments (1)


legal tip 468. List of won cases
07 March 2011

 

  

PROMOTOR
PROMOCIÓN
PROCEEDING TYPE
D= Declaratory
E= Executive
JURISDICTION
PROCEDIMIENTO
FECHA SENTENCIA
AIFOS COMERCIALIZACION DE PROMOCIONES, S.L.
EL BALCON DEL HIPODROMO
D
MALAGA
PO 505/08
March 09, 2010
AIFOS COMERCIALIZACION DE PROMOCIONES, S.L.
HACIENDA CASARES
D
MALAGA
PO 1029/2008
September 29, 2009
AIFOS COMERCIALIZACION DE PROMOCIONES, S.L.
LAS CABALLERIZAS
D
MALAGA
PO 1715/2007
Noviembre 03, 2010
ALHAMA GOLF AND RESORT, S.L.
ALHAMA GOLF RESORT
D
TOTANA
PO 1129/2009
Noviembre 11, 2010
ALHAMA GOLF AND RESORT, S.L.
LOS NARANJOS GOLF RESORT
D
TOTANA
PO 1375/2009
September 17, 2010
ANDAINVER, S.L.
CALANOVA SEA GOLF
D
FUENGIROLA
PO 1211/07
July 07, 2008
ANDAINVER, S.L.
CALANOVA SEA GOLF
D
FUENGIROLA
PO 1300/2008
March 13, 2008
ANDAINVER, S.L.
CALANOVA SEA GOLF
D
FUENGIROLA
PO 752/2007
October 27, 2009
ASONE, S.L.
LA MANGA BEACH CLUB
E
MADRID
PE 62/2010
October 18, 2010
BAHIA CASARES GOLF, S.L.
CASARES GOLF AND COUNTRY CLUB
D
ESTEPONA
PO 330/2007
May 07, 2008
BAHIA DE MAZARRON, S.A.
EL MOJON HILLS RESORT
E
MURCIA
PE 1916/2008
September 01, 2009
BAREO INVESTMENT, S.L.
MEDINA ELVIRA
E
GRANADA
PE 1803/2009
October 13, 2009
BRISAMAR CUATRO, S.L.
LAS PALMERAS DE CALAHONDA
D
FUENGIROLA
610/2008
January 31, 2011
BRISAMAR CUATRO, S.L.
LAS PALMERAS DE CALAHONDA
D
MARBELLA
PO 1285/2009
December 16, 2010
BRISAMAR CUATRO, S.L.
LAS PALMERAS DE CALAHONDA
D
MARBELLA
PO 640/2008
October 15, 2009
CHALET INVERSIONES, S.L.
PRINCESA ANGELINA
D
ALICANTE
PO 1852/2009
February 08, 2011
CHALET INVERSIONES, S.L.
PRINCESA ANGELINA II
D
ALICANTE
PO 1136/2009
July 19, 2010
CLEYTON GES, S.L.
FINCA LAS HIGUERICAS
E
MADRID
PE 799/2009
September 25, 2009
COMPAÑÍA INMOBILIARIA MASDEVALLIA, S.L.
NUEVA RIBERA
E
MADRID
PE 621/2009
September 28, 2009
COMPAÑÍA INMOBILIARIA MASDEVALLIA, S.L.
NUEVA RIBERA
E
MADRID
PE 250/2009
Noviembre 26, 2009
COMPAÑÍA INMOBILIARIA MASDEVALLIA, S.L.
NUEVA RIBERA
E
MADRID
PE 1429/2008
January 12, 2010
COMPAÑÍA INMOBILIARIA MASDEVALLIA, S.L.
NUEVA RIVERA
E
MADRID
 PE1533/2008
October 28, 2008
CONSTRUCCIONES LUAYRA, S.L.
EL SOBRAO
D
PUERTO DEL ROSARIO
PO 91/2009
April 07, 2010
CORVERA GOLF AND COUNTRY CLUB, S.L.
CORVERA GOLF AND COUNTRY CLUB
E
MURCIA
PE 2014/2010
 2010
COUNTRY ESTATE PROPERTIES, S.L.
SANTA ROSALIA FAS MEWS
D
ORIHUELA
PO 000511/2009
January 12, 2011
DESARROLLO Y TECNOLOGIA DE CENTROS VACACIONALES, S.L.
COLINAS DE LA ZENIA
D
ORIHUELA
PO 913/07
December 13, 2010
DESARROLLOS EMPRESARIALES NAPOLES, S.L.
CALANOVA SEA GOLF
D
FUENGIROLA
PO 769/2007
April 03, 2008
EVE MARINA, S.L.
EL PATIO DE DOÑA JULIA
E
ESTEPONA
PE 495/2009
February 18, 2010
EVE MARINA, S.L.
EL PATIO DE DOÑA JULIA
E
MADRID
PE 1268/2009
March 26, 2010
EVE MARINA, S.L.
EL PATIO DE DOÑA JULIA
E
MADRID
PE 1008/2009
October 01, 2010
EVE MARINA, S.L.
EL PATIO DE DOÑA JULIA
E
MADRID
PE 2010/2009
June 08, 2010
HACIENDA VERDE, S.L.
LAS TERRAZAS DE LA TORRE
E
MADRID
PE 507/2010
September 21, 2010
HACIENDA VERDE, S.L.
LAS TERRAZAS DE LA TORRE
D
SAN JAVIER
PO 1301/2009
Noviembre 02, 2010
HACIENDA VERDE, S.L.
TERRAZAS DE LA TORRE
E
MADRID
PE 2211/2009
December 15, 2010
HERRADA DEL TOLLO, S.L.
SANTA ANA DEL MONTE
D
ALICANTE
PC 205/2009
September 30, 2009
HERRADA DEL TOLLO, S.L.
SANTA ANA DEL MONTE
D
ALICANTE
PC 208/2009
September 30, 2009
HERRADA DEL TOLLO, S.L.
SANTA ANA DEL MONTE
D
ALICANTE
IC 269/2010
July 13, 2010
HERRADA DEL TOLLO, S.L.
SANTA ANA DEL MONTE
D
ALICANTE
PC 204/2009
September 30, 2009
HERRADA DEL TOLLO, S.L.
SANTA ANA DEL MONTE
D
ALICANTE
 
September 30, 2009
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
E
MURCIA
PE 2545/2009
February 01, 2010
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
D
MURCIA
PO 207/2010
June 03, 2010
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
D
MURCIA
PO 43/2009
Noviembre 11, 2009
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
D
MURCIA
PO 1533/2009
January 22, 2010
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
D
MURCIA
PO 1540/2009
June 10, 2010
HUMA MEDITERRANEO, S.L.
ALMANZORA COUNTRY CLUB
D
MURCIA
51/2009
July 29, 2010
INMOBILIARIA CORALES DOS DE ESTEPONA, S.L.
LOS CORALES DE ESTEPONA
D
ESTEPONA
PO 952/08
February 07, 2011
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
PO 512/2008
Noviembre 03, 2010
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
PO 814/07
September 22, 2009
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
PO 1430/2008
September 09, 2010
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
127/07
December 11, 2007
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
1006/2007
September 22, 2009
INTERLAKEN 2003, S.L.
CASARES DEL SOL
D
ESTEPONA
PO 888/07
October 15, 2009
INVERSIONES MANYMAR, S.L.
MANILVA PARK
D
ESTEPONA
PO 575/2008
March 03, 2010
JETPLUS OIL, S.L.
ALBORAN HILLS
D
MARBELLA
PO 1634/2007
January 13, 2009
JETPLUS OIL, S.L.
ALBORAN HILLS
D
MARBELLA
PO 1583/07
Noviembre 12, 2009
JETPLUS OIL, S.L.
ALBORAN HILLS
D
MARBELLA
PO 604/2008
September 03, 2009
KEY VIL I, S.L.
ALHAMBRA II
E
MADRID
PE 1801/2008
March 24, 2009
KEY VIL V, S.L.
BALCON DEL MAR
E
MADRID
2260/2009
February 17, 2010
KEY VIL V, S.L.
BALCON DEL MAR XERESA
E
MADRID
PE 1751/2008
May 13, 2009
LABARO GRUPO INMOBILIARIO, S.L.
COSTA GALERA COUNTRY CLUB
D
MADRID
PC 720/2008
June 24, 2010
LABARO GRUPO INMOBILIARIO, S.L.
COSTA GALERA COUNTRY CLUB
D
ESTEPONA
PO 467/07
January 07, 2010
MAJESTIC CONSTRUCTION AND DEVELOPMENT GROUP, S.L.
MAJESTIC VILLAGE
D
 
PO 133/2009
January 17, 2011
MALAGA HAENDEL, S.L.
EL BALCON DE ALCAUCIN
E
MADRID
PE 839/2009
 2009
MALAGA HAENDEL, S.L.
EL BALCON DE ALCAUCIN
E
MADRID
PE 845/2009
April 14, 2010
MANILVA COSTA, S.A.
GARDENS OF MANILVA
D
ESTEPONA
PO 1341/2008
September 29, 2010
MANILVA MAR Y GOLF, S.L.
MANILVA MAR Y GOLF
D
MALAGA
PO 2136/2008
February 21, 2010
MIRAFLORES DEVELOPMENT INVERSIONES, S.L.
VISTAS DEL LAGO
D
ARCOS DE LA FRONTERA
PO 78/2010
December 15, 2010
NADALSOL GRUPO, S.L.
MEDINA GOLF
E
MADRID
PE 752/2010
July 26, 2010
NAVIRO INMOBILIARIA 2000, S.L.
LAS LOMAS DE RIO REAL
D
MALAGA
PO 1572/2008
Noviembre 17, 2010
PEINSA 97, S.L.
CALAS DEL PINAR
E
MADRID
PE 510/2009
Noviembre 20, 2009
PEINSA 97, S.L.
LAS CALAS DEL PINAR
D
HUERCAL-OVERA
PO 514/2009
December 20, 2010
PENINSULA PROJECT MANAGEMENT, S.L.
GRANADA GREEN
D
GRANADA
PO 2748/2009
January 17, 2011
PINARES DE MIJAS, S.L.
LA MIRADA II
E
MADRID
PE 1018/2008
December 22, 2008
PROCOBAR, S.A.
SIERRA GOLF
D
MURCIA
778/08
September 01, 2009
PROINCOSTA ,S.A.
LA GOLETA
D
MALAGA
PO 1225/2007
June 25, 2008
PROINCOSTA ,S.A.
LA GOLETA
D
MALAGA
PO 1401/2007
January 18, 2011
PROMAGA, S.A.U.
ALTAVISTA
D
SAN ROQUE
221/2008
May 06, 2009
PROMAGA, S.A.U.
ALTAVISTA
D
SAN ROQUE
PO 704/2008
September 22, 2008
PROMAGA, S.A.U.
ALTAVISTA
D
SAN ROQUE
 
April 02, 2008
PROMAGA, S.A.U.
ALTAVISTA
D
ALGECIRAS
PO 445/2007
October 29, 2009
PROMAGA, S.A.U.
ALTAVISTA
D
SAN ROQUE
333/2007
May 07, 2008
PROMAGA, S.A.U.
JARDINES DEL MAR
E
MADRID
PE 1689/2008
February 19, 2010
PROMAGA, S.A.U.
JARDINES DEL MAR FASE 1
D
LA LINEA
PO 286/2009
February 03, 2010
PROMAGA, S.A.U.
VISTA HERMOSA
E
LA LINEA DE LA CONCEPCIÓN
PE 12/2009
March 11, 2009
PROMAGA, S.A.U.
VISTA MARGARITA
E
LA LINEA
PE 693/2009
 2009
PROMOCIONES INROAL, S.L.
ANDARAX
E
ALMERIA
PE 2428/2009
March 01, 2010
PROMOCIONES INROAL, S.L.
EL MIRADOR
D
ROQUETAS DE MAR
PO 1335/2008
May 28, 2010
PROMOCIONES VALTRABA, S.L.
URBANIZACION VISTA-GOLF
D
ORIHUELA
PO 43/2009
December 15, 2010
PROMOTORA INMOBILIARIA PRIENESUR, S.A.U. (ARENAL SUR 21, S.A.)
ARENAL DUQUESA
D
ESTEPONA
PO 63/2009
Noviembre 24, 2009
PROVERTE, S.L.
HACIENDA GUADALUPE
D
MALAGA
PO 1861/2007
July 13, 2010
PROYECCIONES INMOBILIARIAS URBASA, S.L.
AMARION
D
ELCHE
PO 942/2008
January 13, 2010
PROYECTOS Y DESARROLLOS URFESAN, S.L.
LA TERCIA REAL
E
MADRID
PE 1384/2009
October 25, 2009
PROYECTOS Y DESARROLLOS URFESAN, S.L.
LA TERCIA REAL
E
MADRID
PE 493/2009
July 21, 2009
ROMANBER DESARROLLO INMOBILIARIO, S.A.
ALTARISOL
D
ARCOS DE LA FRONTERA
PO 29/2009
April 22, 2010
ROS Y FALCON / ASEFA
MARINA DEL CASTILLO
E
MADRID
PE 1677/2008
March 01, 2010
ROS Y FALCON, S.A.
DUQUESA VILLAGE
E
MADRID
PE 1100/2008
Noviembre 18, 2010
ROS Y FALCON, S.A.
DUQUESA VILLAGE
D
ESTEPONA
PO 464/08
June 06, 2009
ROS Y FALCON, S.A.
DUQUESA VILLAGE
D
ESTEPONA
PO 1025/2008
July 22, 2010
ROS Y FALCON, S.A.
MARINA DE LA ALCAIDESA
D
SAN ROQUE
216/2008
July 08, 2009
ROS Y FALCON, S.A.
MARINA DEL CASTILLO
E
MADRID
PE 1662/2008
September 01, 2009
ROYAL ALDEA BEACH RESORT, S.L.
ROYAL ALDEA BEACH
D
MARBELLA
PO 1366/08
February 09, 2010
RUSHCLIFFE MANAGEMENT SERVICES, S.L.
JARDINES DE MONTEMAR
E
MADRID
PE 1760/2008
Noviembre 02, 2010
RUSHCLIFFE MARBELLA, S.L.
LAS TERRAZAS DE BANISSA
D
MARBELLA
PO 408/2009
January 24, 2011
SAN ANTONIO PROPERTIES, S.L.
FINCA SAN ANTONIO
D
FUENGIROLA
926/2007
July 22, 2008
SAN JOSE INVERSIONES Y PROYECTOS URBANISTICOS, S.A.
PLAYA GOLF II
D
ORIHUELA
 
April 21, 2008
SAN JOSE INVERSIONES Y PROYECTOS URBANISTICOS, S.A.
PLAYA GOLF III
D
ALICANTE
PIC 831/2009
December 09, 2009
SEA GOLF APARTMENTS, S.L.
LA ALCAIDESA
D
SAN ROQUE
PO 118/2009
April 05, 2010
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 1087/2008
March 22, 2010
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 1730/2008
Noviembre 03, 2010
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 2315/2008
May 19, 2010
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 1633/2008
December 23, 2009
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 973/2008
July 22, 2009
SOL MIJAS DEVELOPERS, S.L.
LA CONDESA DE MIJAS GOLF
D
FUENGIROLA
PO 753/08
July 22, 2009
SUNGOLF DESARROLLO INMOBILIARIO, S.A.
ESTEPONA BEACH AND COUNTRY CLUB
D
MARBELLA
PO 1242/2008
April 23, 2010
TEGECOVI, S.A.
URB. TAMARAGUA
E
MADRID
PE 526/2009
April 01, 2010
 


Like 0        Posted at 16:18   Comments (20)


Legal tip 467. Banks seizing assets in the UK. Not that easy.
03 March 2011

Depending on Banks ( and also on the quality of your legal representation) the dation in payment process can be more or less difficult or lenghty. That is our experience in the law firm.

If you cannot keep the payments. It is always good to send a dation in payment notice to the Bank before they start the repossession. It adds if you also send proof of your financial status.

Dation as payment is actually a right  (http://www.eyeonspain.com/blogs/costaluz/1094/legal-tip-27-dation-in-payment-a-right.aspx . I would say that it is a fair play specially if you bought a product whose price was irrsponsably inflated by the money-lender for its own benefit.

In my opinion it is in some extent, a good way to somehow " punish" the excesses of Banks during the boom. We, as plain citizens, need to play the arms we have, and this is, in my opinion, a good one. 

Regarding chasing the debt against Uk assets, I think I have heard this happening in one just occassion, in the media, and the legal information contained there did not seem too accurate to me.

For the seizing of UK assets to happen, a repossession judicial procedure needs to be followed up in Spain first and then the Bank needs to enforce the Court decission against UK assets. This has a cost for the Bank that they will put into consideration first, obviously, specially as  Uk Courts are quite reluctant to authorise this type of enforcements and of course will pay a good attention to the defense you have displayed, the procedure being correct and your rights in the UK.

It is important though that you attend any notification being sent to the address the Bank have for you as if not, the Bank could try to use the European Enforcement Order for unconstested claims. Again, this one is not either a one-shot-procedure and requires respect to procedural and substantive Law both in Spain and in the UK. ( 

related post here)

 

As a golden rule, before the Bank starts repossession, I would encourage you to send a good notification for dation in payment to the Bank with accurate legal grounds and a show of your financial conditions. A good specialist lawyer is recommended: of course it does not need to be us ;)

Cheers,

Maria

Vejer, Costa de la Luz, Cadiz, Spain by Landahlautus at Flickr.com



Like 0        Posted at 08:10   Comments (2)


Legal tip 466. Cowork for community of owners
02 March 2011

 Out of same thread as previous post:

 

Faro:

I totally agree with you. Best option is for communities of owners  to work together for fixing their legal and technical problems. We are in times of co-work and co-llabor-ation. 

Yes, let´s make the dream come true for the benefit of all. Again, for a co-mmun good. It is much more fun!

Maria

Vejer, Cadiz, Costa de la Luz, Spain by Oliverlauman at Flickr.com

 

 



Like 0        Posted at 11:30   Comments (0)


Legal tip 465. Never without First Occupation Licence
02 March 2011

Out of a thread on the forums today: 


Why is it illegal for a builder to charge for electricity´s supplies?

Obvious answer: because that should never have happened according to Law. 

The same fact of living in a house without proper habitation license ( whatever the reason for this is: most likely lack of the correponding licenses) is illegal and can actually bring a fine by the administration to the habitant.

You may find this article interesting reading: http://www.eyeonspain.com/spain-magazine/licence-first-occupation.aspx

So charging for an illegal activity provoked by your own illegal acts is obviously illegal, even criminally illegal.

What is the best option then? Never to habitate a house without FOL AND make the corresponding claims against developer/bank involved.

Sindhura Hotel, Vejer, Cadiz, Costa de la Luz by TopRural at Flickr.com



Like 0        Posted at 09:45   Comments (0)


Legal tip 464. A Citizens’ Guide to Cross-border Civil Litigation in the European Union
02 March 2011

For facilitating commerce among European countries:

http://ec.europa.eu/civiljustice/publications/docs/guide_litiges_civils_transfrontaliers_en.pdf

I am sure it is useful!

Maria

Vejer de la Frontera, Cádiz by Pablo G. Pando at flickr.com

 



Like 0        Posted at 08:09   Comments (0)


Legal tip 463. Court decission against Sungolf NOW unappealable
01 March 2011

 We have received today notice by the  Malaga Appeal Court by which our win against Sungolf in Estepona Beach and Country Club is now definitive and unappealable.

This is a formal and judicial confirmation of:

1.- Rights for refund of our clients

2.- Exact relationship between Sungolf and Ocean View

Enforcement procedure is being started now!

Good for Fernando Alberich ( the litigation lawyer) and the whole Costaluz-De Castro team.

Maria

Vejer de la Frontera, Cadiz, by Landahlauts at Flickr.com

 



Like 0        Posted at 16:42   Comments (1)


Legal tip 462. Marriage certificate
01 March 2011

Information from the Spanish Justice Department ( English version)

 

Marriage Certificate

What is it?

The marriage certificate is an official document that certifies the celebration of a marriage.

There are several types:

A) Positive Certificate:

  • Extract: This is a summary of the information registered in the Civil Register regarding the celebration of the marriage and the identity of the individuals who were married. There are different versions:
    • Ordinary: It is issued in Spanish in the autonomous communities in which the only official language is Spanish.
      International or multilingual: This version is valid in the countries that have ratified the Vienna Convention of 8 September 1976. This certificate is issued in the official language of each of the signatory countries of that convention (Spain, Germany, Austria, Belgium, Bosnia, Croatia, Slovenia, France, Italy, Luxembourg, Macedonia, Netherlands, Portugal, Switzerland, Turkey, Serbia-Montenegro).
    • Bilingual: Whenever an extract certificate is requested in an autonomous community that has its own official language, the certificate will be issued in Spanish and in the official language of the autonomous community in which it is issued.
  • Literal: This is a literal copy of the marriage registration, containing all of the data related to the wedding, the identity of the individuals who were married and any notes added to the margins (prenuptial agreement, separation, annulment or divorce, etc.).

B) Negative Certificate: These certify that the marriage has not been registered at that Civil Register.

Who can request it?/present

It may be requested by any citizen who requires it or has interest in it, except where the law prohibits publication without special authorisation of information regarding:

  • Adoption, extramarital or unknown relationships or details that unveil such circumstances; the date of marriage indicated on the page of birth, if the former were later than the latter or it occurred within the 180 days prior to the birth; the change of a Foundling surname or other similar or inconvenient ones.
  • Sex change.
  • Causes for annulment, separation or divorce, or the loss or suspension of parental authority.
  • Filed documents related to the details in the items above or to dishonourable circumstances or those of a reserved nature included in the file.
  • Abortion files.

Authorisation in these cases is granted by the Judge responsible, and only to those who certify legitimate interest and a well-founded reason for requesting it. The certificate indicates the name of the individual making the request, the reasons for issuing it and the express authorisation of the Registrar or Acting Registrar, who will personally issue the certificate from the Register directly under his or her control.

How to request it/present

 



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