Malaga Judge shouting the Emperor is naked
Friday, February 27, 2009
A decision passed last September in the Appeal Court in Malaga, finally shouted out that the Emperor was naked ( see related blogpost here):
“Irrespective of the reason for the stoppage of work, it is clear that the developer breached an essential obligation of the contract which is to guarantee or ensure that the sums advanced are on account. This is such an essential obligation that has been made a legal obligation. The reason is to protect consumers when purchasing houses which is a first need object, this deserve special protection by the Law”.
The decision keeps saying some paragraphs ahead that the Consumer can ask for the contract cancellation due to the lack of bank Guarantee ad deserves the devolution of 100% of the deposit paid, plus legal interests, plus legal costs!
Of… finally, more Judges are throwing away the black glasses! Some clarity is appearing!
Que tengáis buen fin de semana. Aquí estamos de Carnaval!
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
Playa de Bolonia by Fireshot at Flickr.com
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Legal tip 50. Obligations of foreigners residents in Spain
Thursday, February 26, 2009
The main obligation if you become a resident is that of submitting your world-wide incomes to the Spain treasure, but it happens that it really is a benefit rather than an obligation as most countries in northern Europe have now higher income tax rates than Spain . As a consequence, the income levels for the higher tax rates start lower in Spain than in other countries. Yes! we are cheap… in terms of taxation, hum… that may be a consolation to some fellow citizens.
If you are a Spanish resident, you need to have a Spanish registered car and a Spanish driving license ,unless you have got an European driving card.
You need to make your choice and vote ( well… vote is always a voluntary mission)
Number and nationalities of foreigners legal residents in Spain dated 31st of March 2008:
Source: Wikipedia
|
Ranking
|
Country
|
31st March 2008
|
|
1
|
|
675.906
|
|
2
|
|
664.880
|
|
3
|
|
413.642
|
|
4
|
|
261.542
|
|
5
|
|
206.168
|
|
6
|
|
136.504
|
|
7
|
|
130.905
|
|
8
|
|
126.057
|
|
9
|
|
123.161
|
|
10
|
|
109.576
|
|
|
|
4.192.835
|
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
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Legal tip 49. Benefits for residents in Spain
Wednesday, February 25, 2009
Should I become a Spanish resident?
This question is essential for the enjoyment of some benefits and very especially for the ascertainment of your taxes liabilities. Actually many laws in Spain apply the “fiscal residency concept” to classify the residential status of persons for other pursposes
For any European citizen, the acquisition of the Spanish residency is very simple: you just need to register yourself at the National Police station through a very simple process (previous appointment) and pay a small fee of around 10 euros.
If you don't have Spanish citizenship, you're a resident if either:
- You stay in Spain for more than 183 days (including sporadic absences and day traveling in and out of Spain).
- The main base of your professional activities or economic interests is in Spain.
- Your spouse and minor age children reside in Spain.
What are the benefits for residents in Spain?
Tax benefits
• In Capital Gains Tax: If you’re a resident and are at least 65 years old , there will be no tax liability for Capital Gains when you sell what it has been your home for more than three years.
• In Inheritance tax: There is a reduction (up to 99% in some regions) on the value of your home if you leave it to spouse, children or a close relative who is also a resident.
• Lower Income tax burdens: as in Spain the rates are lower than in most of northern European countries.
Health System benefits
Health system in Spain is universal, which means that everyone (national or foreigner) has rights to basic an urgent health services. ( We are very proud of that actually!)
Residents contributing to the Spanish Social Security system or a UK National Spanish resident receiving a UK state pension, will have rights to all the services of the Health system under same conditions as Spanish nationals.
And what about my obligations…..? Well, let´s leave it for mañana´s post, is it OK?
Silos Arte y Relax, Tarifa ( Cadiz) by Chodaboy at Flickr.com
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Legal tip 48. Driving drunk in Spain
Tuesday, February 24, 2009
What is BAC?
BAC ( Blood Alcohol Concentration) is the amount in grams or milligrams of alcohol that exist in a liter of blood or air. It is important to know that the maximum BAC is reached between 30 and 90 minutes after ingestion occurred.
BAC varies depending on:
- Amount of alcohol
- Kind of drink
- Speed of ingestion
- Mixture with solid food
- Weight of drinker
- Sex of drinker
- Age of drinker
When you drive under the effects of alcohol:
Your reflexes are lower
You get a sense of excitement and overvalue your capabilities
Time for reaction is higher
You have less potential to valuate speed and movements
Your visual, auditory and language acuity decrease
You can become more aggressive and irritable
You can experience some respiratory disturbances and lose some memory capacity and orientation.
| Maximum permitted alcohol levels: |
| TYPE OF DRIVER |
LIMIT IN BLOOD |
LIMIT IN BREATHED AIR |
| (1) GENERAL |
0,5 gr/l |
0,25 mg/l |
| (2) PROFESSIONALS |
0,3 gr/l |
0,15 mg/l |
| (3) NEW DRIVERS |
0,3 gr/l |
0,15 mg/l |
What might be the legal consequences...?
The Spanish Criminal Code (Chapter IV) says:
- Article 379: who drives a motor vehicle or a motor cycle under the influence of toxic drugs, narcotics, psychotropic substances or alcoholic beverages will be punished with imprisonment of three to six months or a fine of six to 12 months and, if applicable, work for the community from 31 to 90 days and in every case, the deprivation of the right to drive motor vehicles and motorcycles for more than one year and up to four years.
If the drunk driver is involved in a car accident, may also be charged with other crimes such as homicide by misadventure and therefore liable to pay and indemnity to the prejudiced person.
- Article 380: When a driver refuses to submit to a legally set test to see if he is driving under the influence of a substance described in the preceding article, he shall be punished as a perpetrator of a crime of serious disobedience (Article 556 of the Criminal Code)punishable by a term of imprisonment of 6 months to 1 year and deprivation of the driving license.
- Article 380: who drives a motor vehicle or motorcycle recklessly (with high rates of alcohol in the blood and a disproportionate speed excess with respect to speed limits) and endangers the life or integrity of persons, will be punished with imprisonment from six months to two years and deprivation of the right to drive motor vehicles and motorcycles for more than one year and up to six years.
-Article 381: If the behaviour implies clear contempt towards others´lives the sanctions are impprisoment of two to five years, fine of twelve to twenty four months and deprivation of driving license from six to ten years.
WHY administrative or criminal sanction?
With the new rules any driver that exceeds the permitted level of alcohol may be punished by the administrative authority (Road safety law) or judged by the criminal procedure (Criminal Code). The traffic officers will decide on submiiting the offender to the judge or to the Traffic Authorities, basing their decission on determined criteria which are set by them.
After this tough text, this soft picture... equilbrium is always important!
Chiclana beach ( Cadiz) by Vigabriel at Flickr.com
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Legal tip 47. International double taxation agreements signed by Spain
Monday, February 23, 2009
For your information and curiosity, here you have the list published in the Taxation National Office ( AEAT) ( www.aeat.es), on the countries which have signed a double taxation agrreement with Spain.
Just France, Greece and Sweden has signed a double taxation agreement on Inheritance with Spain:
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
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Legal tip 46. Who are the foreigner taxpayers of Spanish Inheritance tax?
Friday, February 20, 2009
Who are the foreigner taxpayers of Spanish Inheritance tax?
As you know, Inheritance tax in Spain is paid by the beneficiaries. Submission to the tax is due to either personal or real obligation.
If the beneficiary is a Spanish resident:
According to provision 6 of Act 29/1987 on Inheritance and Donation tax, you will be liable in Spain for the acquisition of all the inherited assets regardless the country they are located. The criterion for this submission is personal obligation (personal residency). Taxes paid in a foreign country by similar concept will be deducted according to a rule established in provision 23 of the Spanish Inheritance Tax Act.
If the beneficiary is not a Spanish resident:
According to provision 7 of the Act 29/1987, he will be under Spanish Inheritance tax obligation by real obligation (location of goods), and will have to pay Inheritance tax for those goods and rights located in Spain.
From date of death of the deceased, there is 6 months to pay the inheritance tax return. The forms are 650 and 652.
If you are a resident, it is necessary to have a Tax identification number (NIF).
If you are not a resident, you will need to have a NIE number.
There is no agreement for the avoidance of double Inheritance taxation between Spain and the United Kingdom (we should start preparing one by the way…!).
Restaurant Almdedina in Tarifa. By Chodaboy at Flickr.com
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Legal tip 45. Probate and succession in Spain
Tuesday, February 17, 2009
Probate and Succession in Spain
The procedure ahead after a person’s death in order to administer his/her assets in Spain will vary depending on:
- Location of estate.
- Left a will (in Spain or in the foreign country) or not.
Having estate just in Spain (regardless nationality and legal residency) will drive the succession of the person to be regulated under Spanish Law. Therefore the “legitimas” (legal/obligatory heirs) will apply to the probate.
When we receive a petition for he administration of assets of a deceased foreign we start by establishing where he had his estate and if the deceased left a will in Spain.
In order to verify if he left a will in Spain and we proceed to the application for this information before the National Registry of Last wills. For doing so, we need a Death certificate. If the deceased died abroad, we would need the foreign death certificate to be translated into Spanish and apostilled with the Hague stamp.
The National Registry will provide information on the existence of the will, the Notary who authorized it and date of authorization. These data and our Power of Attorney to deal with the probate will be enough for us to retrieve a copy of the will from the corresponding Notary office.
The Deed of Testament in Spain will be valid title for us to perform distribution and adjudication of assets and proper registration to the heirs’ names in the corresponding Land Registry, before payment of corresponding inheritance taxes on the heirs´behalf.
If there is only a foreign will or the deceased died with no will expressed, we need to gather the following foreign documents, which will have to be translated and Hague apostilled:
- Death certificate
- Foreign will ( if existing)
- Grant of Representation or equivalent
- For those cases where the deceased left no will, and had estate in Spain and abroad, it is also necessary to grant a Certificate of Law, which is a document by a Lawyer which explains the Law regarding intestacy in the deceased’s country.
- If the deceased left no will but just had estate in Spain, Spanish Law of intestacy will apply to the succession.
With all these documents we will be able to pay the corresponding taxes and register the property under heirs´ names.
Zahara de los Atunes ( Cadiz) beach by Iman Drike
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Legal tip 44. Types of Wills in Spain
Monday, February 16, 2009
Provisions 676 and seq. of the Civil Code presents to us the various kinds of wills in Spain:
Holographic Will
Just major age persons can grant this type of will. It will have to be written and signed by the testator with express mention of year, month and day of granting. If the document had crossed out, amended or rectified words or had words between lines, the testator will have to save them with his signature.
Foreigners can grant holographic will in their own language.
The legalization of this type of will is made before the First Instance judge corresponding to death domicile or testator’s last domicile within 5 years from death.
The deceased’s closest relatives will verify the deceased’s handwriting. Once this has been done, the judge will enforce the provisions of the will.
Open Will
The most common kind. It is juts necessary to go to a Notary Public and to state before him on your decisions for your goods after your death. The Notary will provide the required Public character to the document but will very rarely advise you on the most convinient terms for your and your heirs. Every will is then sent to the National Registry of Last Wills in Madrid.
Closed Will
The content of your will is not disclosed to the Notary. It is closed in a folder or envelope and sealed.
The solemnities of this kind of will are as follows:
1. The document will be placed in a folder or envelope and it will be sealed.
2. The granter will bring to the Notary the sealed document or will seal it before him.
3. The granter will mention before the Notary ( with the help of an interpreter if needed) that the document contains his will, if it is handwriting by him or third party or it has been typed and is signed at every sheet by him or someone on his behalf.
4. On the cover of the will, the Notary will place the Granting Letter and will express his knowledge of the granter and his judgment on testating capacity of the granter. This letter will be signed by testator and Notary.
5. A couple of pertinent witnesses can attend the signing if requested by Notary or granter.
This kind of testament cannot be granted by blind people or for those unable to read.
Once the will is granted, it will be given back to testator and the Notary will keep a copy of the letter of granting. He will inform on the existence of the closed will to the National Registry of Last Wills.
Arcos de la Frontera. By Santi MB at Flickr.com
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Legal tip 43. What is the "legitima" for Spanish probate Law?
Friday, February 13, 2009
In Spain, a testator can decide on who will inherit 2/3 of his goods after his death. The other 1/3 is reserved by Law to the obligatory legal heirs. This 1/3 is " el tercio de legítima" ( Third for legitimate heirs or third of forced heirship)
This comes, of course, from Roman Law, where all social system relied on the institution of family.
Just Modern England and the United States have complete freedom of disposition as they are submitted to a different system:Common Law System.
Gibraltar desde Alcaidesa by http://www.flickr.com/photos/andresv/
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Legal tip 42. On Consumers Act V. Clauses non individually negotiated.
Thursday, February 12, 2009
Article 80. Requirements of clauses non individually negotiated.
1. In those contracts with consumers and users where non individually negotiated clauses are included, including those contracts promoted by the Government or dependent companies, the following requisites will have to be observed:
a. Concretion, clarity and simplicity in the writing, with possibility of direct understanding, without forwarding to texts or documents that are not facilitated previously or simultaneously to the conclusion of the contract, with express reference of those texts in the contract document.
b. Accessibility and legibility so that the consumer will be able to fully know and understand in advance regarding existence and content of the contract.
(…)
c. Good faith and right balance of rights and obligations of the contractual parts, which in any case excludes the use of abusive clauses.
2. When individual actions are exercised, in case of doubt on the sense of a clause, the most favourable interpretation to the consumer will prevail.
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Money back and price reduced properties
Wednesday, February 11, 2009
For those of you still wanting to enjoy my country...
We are committed to lead you to the real Spain...
We have got lots to share and we enjoy doing so...
We all will be benefitted by the experience... I say " benefit" in the broad sense of the word... we are mutually benefitious to each other... a reciprocal source of human, cultural, language .... richness. And, undeniably.. you are a great source of financial resources for my country.
Who can mention the expression " financial resources" these days? I know... But future will come, it will come.
Ok now! I am not invited you to a tour to buy property in Spain, that is so old fashioned !
But, for those of you still interested on buying property in Spain...out of a conversation with a good friend of mine who is the sales manager of a developer company , he mentioned that his company is offering buyers a reduction in their prices equivalent to those deposits they paid and are trying to get back....
Could be a good deal for some of you and wanted to just let you know... we need to keep moving ahead!
Maria
Calle Puntica ( Mojácar) By Cuellar at Flickr.com
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Legal tip 41. What is the Plusvalia Tax?
Wednesday, February 11, 2009
Plusvalía (Local Capital Gains Tax) named in spanish Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana is a municipal tax on the increase in the value of the urban land since the last recorded transfer
The tax obliged is the seller, except for cases of acquisition by Inheritances or Gifts, where the tax payer is the acquirer.
Taxable amount or based is obtained by applying a rate, different for each municipality, to the value of the property at the time of the transfer, the number of years that the previous owner had the house is also taken into consideration. The more years the less tax burden.
There is a tax relief if you reinvest money from the sale of an urban house into another main address, the relief will consider the amount of reinvested money.
It must be paid within 30 days from the signature of the sales deed, or within 6 months in case of inheritance.
Sevilla Door by HeartIndusrty at Flickr.com
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Malaga judges are turning Consumers oriented! Let´s celebrate!
Tuesday, February 10, 2009
Good news! There are now three Judges in Appeal Court in Malaga clearly backing consumers rights in actions for contract cancellation without Bank Guarantee!!
We need to drink a toast! For you, for the legal professionals involved and for justice in Spain.
Let´s keep the battle up! It is exhausting some times, need to confess.
Maria
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
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Legal tip 40. Education system in Spain
Tuesday, February 10, 2009
Education System of Spain
The information provided below has been extracted from the website of the Ministry of Education and Culture
The Spanish education regime is divided into two classes: General and special.
The levels of the general system are ordered as follows:
-Nursery education.
-Primary education.
-Secondary education, including compulsory secondary education, high school and middle vocational training.
-Vocational training.
-College education.
Teachings of the special class are as follows:
Artistic education.
Languages.
A) GENERAL SYSTEM
NURSERY EDUCATION
Includes up to six years of age, contributes to physical, intellectual, emotional, social and moral development of children. Nursery education comprises two cycles. The first cycle extends to three years, and second, from three to six years old.
PRIMARY EDUCATION
Primary education comprises six courses, from 6 to 12 years, organized in three cycles of two years each. This stage of education is compulsory and free. Its purpose is to promote the socialization of children and encourage their incorporation into the culture and contribute to the progressive autonomy of action in their environment. Education is organized into areas taught by teachers.
SECONDARY EDUCATION
The ESO is a new stage of education (compulsory and free) to all citizens of school age; it has replaced the last two years of EGB (7th and 8th) and the first two of the Middle courses (1st and 2nd of BUP and FP). Thus extends along four years after the stage of primary education. Provides the necessary education to study both Baccalaureate and vocational training. Students begin this stage at the age of twelve and ends at sixteen. The purpose of designing this new stage of education is basically to extend compulsory education up to sixteen years to bring it into the initial working-age and also to match the Spanish educational system with those of EU countries
BACCALAUREATE L.O.G.S.E.
The Baccalaureate is the final stage of secondary education is voluntary and lasts for two courses, normally between 16 and 18 years. The Bachelor has four different modes, which have been established to respond to the diversity of future studies as to the variety of interests, skills and attitudes that have youth in this age group. The four modes are: Arts, Natural Science and Health, Humanities and Social Sciences, Technology.
VOCATIONAL TRAINING
Vocational training in the education system, aims at preparing students for the professional activity, providing a multipurpose training to enable them to adapt to job changes that may occur throughout their life. Includes both basic training and specific vocational training for middle level and higher.
B) TEACHINGS OF SPECIAL CLASS.
ARTISTIC EDUCATION
Artistic education is to give students a quality artistic formation and ensures the qualification of future professionals in music, dance, drama, visual arts and design.
*Music and Dance
The lessons of music and dance include three grades:
Elementary level: four years' duration.
Medium Level: three cycles of two academic year’s duration each.
High level: comprising a single cycle whose duration is determined by the characteristics of these teachings.
Elementary Level:
Entry criteria for the elementary level of teaching music and dance are set by the Government that take into account, among other circumstances, the ideal age for these teachings.
Intermediate level:
The student must be overcome to access a specific test to access the middle level of the teaching of music and dance.
Passing the third cycle of the Intermediate level entitles the holder to teach with a professional degree.
High level:
Access to high grade of music and dance lessons, requires students to meet the following requirements:
a) to be in possession of Bachelor's degree.
b) To pass exams corresponding to third cycle of medium grade.
c) To pas at test of access established by the Government, in which the applicant must demonstrate knowledge and skills needed to take to use the lessons accordingly.
Those who have successfully completed the highest grade of these teachings are entitled to the High Title for the corresponding specialty, which have same value for all purposes, to the title of university graduates.
*Drama
The training comprises just one cycle of high level and of length suited to the characteristics of these teachings. To access the lessons of drama, it is required:
-To be in possession of Bachelor's degree.
-To stand for the test set specifically for that purpose for the assessing of maturity, knowledge and skills necessary to take these lessons to good use.
- Those overcoming the drama lessons are entitled to the Drama High Title, fully equivalent to the title of university graduate.
*Art and Design
The teachings of the visual arts and design-related studies include applied arts, the crafts, the design of its various forms and the conservation and restoration of cultural property.
To access intermediate level teachings is needed:
- To hold the title of Bachelor in Secondary Education
- To demonstrate the necessary skills through a specific test.
Those who hold the Bachelor's degree and have passed the required tests can access higher levels of these teachings.
Studies for the specialty of the Preservation and Restoration of Cultural Property are considered higher education. Students who have overcome these studies obtained the title of the Preservation and Restoration of Cultural Property, which is equivalent, for all purposes, to the title of university graduate.
Lessons of design are considered higher learning. The title of Design in the specialty in granted at the conclusion of these studies. This is equivalent, for all purposes, to the title of university graduates.
LANGUAGES
Language lessons are taught in formal schools. Requirements to access these lessons:
- To have completed the first cycle of compulsory secondary education or be in possession of the Graduate School of title, certificate of schooling or primary school.
COLLEGE STUDIES
The university is organized in cycles. There are three models:
First cycle: with clear professional orientation. No continuity in the second cycle (Library Science, Nursing, etc.)... They have got duration of three years and an academic load of not less than 180 credits. The qualifications are called first-cycle degree, Technical Architecture or Technical Engineering.
Two cycles without intermediate title. In this case, lessons are arranged by series, but once the first serie is achieved, there is no right for a title, because they not constitute a full course of academic training and they do not provide a specific professional qualification (Veterinary Medicine, etc ...). These cycles can last between four and five years, with a load of not less than 300 credits
Two cycles with an intermediate title. In this case the first cycle leads to the degree of Bachelor, Technical Architect or Engineer, the second cycle may continue to obtain the title of High Degree, Engineer or Architect.
The Spanish University System
The Spanish university system has 49 public universities, 14 private universities and 4 universities of the Catholic Church.
The content of the guarantee of University autonomy is expressed in the art. 3 of the University Reform Act of 1983 and includes the development of its statutes and internal rules of operation, the election, appointment and dismissal of its government and administration, the preparation, approval and management of their budgets, administration of property, the establishment and modification of templates and the selection, training and promotion of teaching and research staff and administrative services, the development and approval of curricula and research, admission, retention and verification regime knowledge of students, the issue of certificates and diplomas, etc ....
Precisely due this character of autonomous entities of public law, the university sets its own academic offering that may be of two types:
*Official title valid throughout the State
*Proper title of each university.
A proposal by the Council of Universities, the government sets the official titles and the general characteristic of these degrees, i.e. the minimum uniform content to be included in the curriculum. They are the so-called core subjects.
Universities develop and approve their own plans of study including, in addition to core subjects, the compulsory subjects of the university, the elective subjects for students, and materials of free election, i.e. chosen by the student.
The curricula of studies for Official Titles need to be by the Council of Universities for its validity.
In use of its own Autonomy, a University can establish own curricula, which also lead to the award of diplomas and degrees. These qualification lack full academic effects and full capacity for its official exercise throughout the whole national territory.
System for Teaching and Grading Methods
The educational system includes both lectures and practical seminars and tutored. The attendance, though not mandatory, is a key part of university education. The classes last for 50-60min and the teachers delve into the topics usually relying on audio-visual methods.
Student tests are carried out by conducting a final evaluation in February, if a semester subjects or February- June if yearly subjects. Students who do not pass the tests are the ordinary call, can use a special call in September. In some cases teachers may opt to conduct several assessments (exams, papers, etc...) along the course of the passing of which can release the realization of the final exam.
Grading system
Grades are awarded according to score based on 10:
0.0 - 4.9 SUSPENSE (SS)
5.0 - 6.9 APPROVED (AP)
7.0 - 8.9 NOTABLE (NT)
9.0 - 10.0 Excellent (SB)
9.6 - 10.0 REGISTRATION OF HONOR (MH)
The ECTS grading scale has been established as follows:
A - EXCELLENT: Making extraordinary only minor errors
B - VERY GOOD: Above average but with some errors
C - GOOD: Good job in general with some notable errors
D - Satisfactory: Well, but with significant shortcomings
E - Sufficient: The performance reaches the minimum criterion
FAIL-FX: We need some more work to grant credits
F - FAIL: You need a lot more work
Equivalence with the European ECTS system. Approximately equivalent mark depending on the scale corresponds to 10 Spanish ECTS grades:
9,6-10 MH Honors = A (EXCELLENT)
9,0-10,0 SB Outstanding = B (VERY GOOD)
Notable 7,0-8,9 NT = C (GOOD)
6,0-6,9 AP = Approved D (satisfactory)
5,0-5,9 AP Approved = E (Sufficient)
3,0-4,9 Suspenso SS = F (FAIL)
0-3,0 Suspenso = FX (FAIL)
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
Andalucia, Granada, Alhambra By Sputnik Manía at Flickr.com
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Legal tip 39. Law on Autonomy and disabled care in Spain
Wednesday, February 4, 2009
Law 39/2006, of December 14, promotion of personal autonomy and care for people in a situation of dependency (Law Unit), creates a new individual right of citizenship in the Spanish State: the right of people can not fend for themselves, particularly the elderly and people with disabilities to receive the necessary attention from the authorities.
Act also creates the System for Autonomy and Care Unit (SAAD), which, based on respect for the constitutional framework established statutory powers, serves as a channel for collaboration and participation of all government involved and to optimize public and private resources available.
In addition to the information that the individuals concerned may demand for social services, the Ministry of Labor and Social Affairs has prepared two specific channels of attention:
The toll-free information on the Law of Unit 900 40 60 80
The website http://www.saad.mtas.es
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
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Legal tip 38. FREE OF CHARGE mortgage relief now!
Wednesday, February 4, 2009
If you do not want to read the law-languaged text below:
FREE OF CHARGE… relief for your mortgage payments: If you agree with the Bank to extend the maturity term of your mortgage between May 2008 and April 2010… you will have no Notary and Registry costs and no tax burden attached…
We lawyers, should also be charging minimums by the Bar Association in these cases….in my humble opinion.
Now for the Law-oriented EOS readers:
Lengthening of maturities of the mortgage loan is a possible way out of difficulties in payment of mortgage instalments,within a novation contract, which is in essence a contract by which the bank and the loan debtor determine new mortgage conditions.
It is also a very practical measure in present days as, from May 2008 to April 2010, does not incur costs. This is due to the Royal Decree Law 2 / 2008 of April 21, on measures to boost the economic activity, which provides the no subjection to the tax established in article 31.1 of the text of the Law of the transfer tax and Stamp Duty of individual deeds, of those novation mortgage loans which relate to extending the term of the loan. This is part of the Law 2 / 1994 of March 30 on Subrogation and Amendment of Mortgage Loans, which has been subject to significant changes especially in 2003.
In addition, the Government has promoted an agreement with the various institutions (represented by the AHE, the AEB, the ECSC, UNACC and ASNEF) with the College of Registrar of the Property and Commercial Property in Spain and the General Council of Notaries of Spain, to ensure no Notary and Registrar costs attached to such amendments of the loans. This agreement has mainly affected the Law 2 / 1994 of March 30 on Subrogation and Amendment of Mortgage Loans, whose art. 8 refers to notary and registration fees in subrogation, amending novations and cancellation of credit or mortgage loans.
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Legal tip 37. Why should I register my property...?
Tuesday, February 3, 2009
What is the function of the Land Registry In Spain?
The Land Registry is the public office for the record and publicity of the ownership rights on real Estate and rights imposed on them.
What is in the Registry?
Every document from first registration of the property through successive transmissions of the estate, any charge on it such as mortgages or easements and every judicial or administrative decisions that may affect them as charges.
What documents can access the registry?
Public Documents: Both Judicial and Administrative and Notary documents. In very few occasions some private contract can also access the Land Registry.
Is it compulsory to register?
No. Registration is voluntary.
What advantages are obtained by registration?
Legal safety as once rights are registered they under judicial guardianship and just what is registered is assumed as certain. Registration of properties facilitates the transmission and the obtention of financiation at lower costs.
What risks if not registered?
The real non registered owner will be affected by those acts voluntarily performed by the registered one and by loans and encumbrances on the property as the registered person is assumed as owner for every effect.
What risks can I run if I do not consult with the Registry?
You will not obtain certainty on ownership or charges on the property.
Do the Land records expire?
No. Definitive records do not expire. Once registered they last for ever and you do not need to renew it.
Do foreigners have a special scheme to register their rights?
Legislation gives same treatment to nationals to foreigners.
Is the registry open to general public?
Yes, but only for those who prove legitime interest. This will be appraised by the Registrar.
How do you get publicity?
There are two ways: simple note and certification. Both must contain, in general, the description of the property, the ownership and burdens. The first have just informational value. Certification is the only way to reliably prove the contents of the register and it is signed by the Registrar.
How much does it cost to register?
There is no fixed amount, it depends on the value of the registred element. Fees are based on tariffs approved by the Government and published in the Official Gazette.
By Maria L. de Castro
web@costaluzlawyers.es
www.costaluzlawyers.es
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Legal tip 36. On Consumers Act IV: Contract documents for consumers in Spain
Monday, February 2, 2009
Article 63. Documentary confirmation of the contract.
1. For contracts with consumers, it will be provided: receipt documents, copy or any document with the basic terms of the transaction including the general conditions of the contract signed and accepted by the consumer if they are used in the contract.
2. Except for those contracts which by Law need to be formalized by Notary Public deeds, contract documentation for consumers will be free of charge when the contract info is legally required to be documented in writing or in any other medium of a lasting nature.
Grazalema´s houses and mountains by Graeme at Flickr.com
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Who are the new displeased, obliged property owners in Spain...?
Monday, February 2, 2009
The new obliged owners: banks
A role that over-lending ( over-benefitting) Banks have played before in the history as a consequence of unmeasured real estate booms and financial excesses.
Many Spaniards would remember these coupled names: Banesto and Urbis, La Caixa and Colonial, Banco Sabadell and Landscape and BBVA -Metrovacesa.
Many banks and savings banks in Spain are these days and again cashing their mortgage loans by exchanging debt for real estate assets, so floors, buildings or housing developments are being stored by them.
But the most certain reality is that the current market will not give to them any benefit in exchange of those real estate goods: a good punishment in my opinion...you all know what I am talking about.
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