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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 381. Law and Fun with EOS
29 October 2010

A post by Justin. Please let us know if you would be interested so we can start organising something fun and useful for you. By the way, the manager in Alcaidesa´s name is Juan Pablo...... :)

Cheers!

Maria

EOS meet ups and learning - What do you think?
29 October 2010 @ 09:07

So here's the conversation between Justin and Maria de Castro....

Maria:  "Hey Justin, haven't seen you in a while, let's meet for coffee at Alcaidesa".

Justin:   "Great, see you there tomorrow."

The next day....

Justin:  "Blah, blah, blah, I am thinking of kicking off the EOS meet ups again.  They were getting increasingly popular and people were enjoying meeting others.  I think you came along to a couple of them."

Maria:  "Yes, they were good.  Lots turned up to the last one you did.  I was there."

Justin:  "I remember the first one, only four of us turned up!  But at the last one there were over 100."

Maria:  "What about if we have a session too where people can ask questions about a specific topic?"

Justin:  "I like it.  Maybe you could do a short talk on on a subject, such as communities, and then people can ask you questions?"

Maria:  "I'm happy to do that.  You know I'm always happy to share information."

Justin:  "I know...that's why I asked.  Good opportunity for people to meet others and learn a little if they want to.  And seeing as we're at this golf club, why don't we do something here?"

Maria:  "I know the manager here.  Let's call Juan Alberto over to chat."

Several minutes later....

Juan Alberto:  "Sounds great to me.  I am happy to give you clubs and balls so that you can all play around on the putting green for free.  Hopefully people will buy some drinks!"

Justin:  "That's a great idea and I'm sure you'll sell plenty of drinks!  Fun, learn and socialise.  Sounds good to."

Maria:  "Do you think people will be interested in this?"

Justin:  "I have no idea.  Let's find out what people think.  It's a free afternoon out where people can meet others and learn some important information about rights and law in Spain and have a bit of fun playing on the putting green.  I'll be there!"

 

So, what do you think?  We would have to do it locally at first but we can arrange this in different places if the interest is there?

Feedback appreciated please!!

Thanks.



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Legal tip 380. NYT on Bank excesses in Spain
29 October 2010

An interesting report on the New York Times this week.

http://www.nytimes.com/2010/10/28/world/europe/28spain.html?_r=2&pagewanted=1&emc=eta1 

Therefore, as the  guarantees and protection that are currently most easily enforced are those held by Banks, we must work and reinforce all those Guarantees existing and to exist in favour of persons and families.

For a balanced and suatainable system centered of persons.

We have a good example in Spanish Law 57/68 which, in provision 1.2, make Banks liable of the guarantees and lack of guarantees as per stablished by this same Law in regards to off plan advanced deposits. If Banks did not secure on the existence of the Guarantees, they are liable of associated effects on individuals.

Regarding foreclosures, Banks will have the democratic  limit of judicial  judgements on them if a good and technically well grounded Dation as payment procedure, out of provision 1175 of the Civil Code, is started by the Debtor before the Bank starts repossession.

Let´s play Consumers rights, create a stronger legal, judicial and social conscience of them and look for new ways of protection of individual people and families against the voracity and cruelty of the old-fashioned financial system many of us are suffering from.

Have a great weekend,

Maria


Patio de la Acequia, Generalife, Granada by SantiMB at Flickr.com






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Legal tip 379. Compensations for undue delays of Courts
28 October 2010

In order to guarantee the right of citizens to a trial without undue delays (as per provision 24.2 of the Spanish Constitution), there are two mechanisms:
 
1)    Complaints within the judicial procedure and use of the procedure itself for promoting and speeding it.


2)    Money Compensation for any damage that, in the estate of the claimer, has caused the undue delay.


The determination of compensation (and its quantum) is made through a special administrative procedure that is processed and solved by the Ministry of Justice.

The most important aspect is to prove an actual damage which can be valued in economic terms and be individually determined.

The right to claim this sort of compensation prescribes within a year after the production of the delay or since this delay expressed its harmful effects.

 


Generalife Gardens by Joao máximo at Flickr.com



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Legal tip 378. A proposal to restart the spanish labor market
27 October 2010

You can read the whole proposal set by a group of  100 financial academic researchers and experts. Arguments are solidly backed by  economy research and have been backed since April 2009 by more than other 100 academic more.  You can read the proposal in English by clicking here

If you want to send your adhesion, please email us and we will forward contact information to you.

Have a great day!

Maria


Cordoba Gardens by sjdunphy at Flickr.com 



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Legal tip 377. Foreign companies growing in Spain I
26 October 2010

 

INVEST IN SPAIN -IESE in their  “Spanish Business Climate Barometer from the Foreign Investor Viewpoint”,  established than more than 72% of the foreign companies consulted forecast increases or maintenance of employment levels in Spain in 2011, as opposed to 65% the previous year. As for investments, more than 70% of the companies also expected to increase or maintain their investments in Spain; once again representing an improvement on results for 2009.

This is... not that bad.

 

We will go through different legal ways of setting a presence in Spain along the following legal tips.

Maria

Aranjuez Gardens, Madrid

 



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Legal tip 376. Proffessional liabilities of conveyancers
25 October 2010

In answer to some people concerns on the viability of action 1.2 against Banks.

If the necessary details for action against Banks out of provision 1.2 of Law 57/68 are not in place, there is always, of course, an action to whoever acted on your behalf as conveyancer  if they did not do everything in their hands for the existence of Bank Guarantees.

We do think it is more according to Law 57/68 to proceed against the Banks first but....

of course, negligencies by any other actor, who, being under professional duty of care regarding the existence of Bank Guarantees proves not to have secured all the necessary avenues, is open. Of course it is open.

We need to be accountable as proffessional people: fully accountable. How can we prosper and progress as a society otherwise?

Best wishes to you all,

Maria L. de Castro

 

Jerez de la Frontera gardens by elarequi61 at Flickr.com



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Management tip 31. PostCrisis values:simple proposals XXIV
25 October 2010

 Vicente del Bosque, manager of the Spanish national soccer team, when receiveing last Saturday, the Principe de Asturias award of Sports:

The Spanish soccer team is depositery of  "values" which go " beyond specific successes and their materialness". These values have an everlasting character and a determiner profile. Del  Bosque was referring this way to" effort",  sacrifice", "talent", " discipline",  " solidarity", "modesty" together with "sportsmanship" and " honor". By deffending this, they obtained  the final victory. " It would not have been possible any other way"


Our comments: Yes, it is now the perfect time to rediscover and refoster the classical  values and their strength to make people and societies healthy and happy.

The Costaluzlawyers team

 

 

 



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Legal tip 375. Bankruptcy and Bank Guarantees
22 October 2010

Just a reminder and clarification for those of you interested on this hard topic, even on a Friday :)

Bank Guarantees of Law 57/68 cover the return of funds advanced in off plan developments plus legal interests for those cases where the developer does not start or finish the works on time.

Of course these Guarantees keep being valid and enforceable if a developers enter into Administration or goes bust, as far as there is no First Occupation License in place.

So: if your developer is under creditor´s meeting, and you have a Bank Guarantee, DO NOT CARE  too much about the developer´s situation and creditor´s meeting procedures..., if the developer has breached the contract due to delay or once he does it... go and execute your Bank Guarantee.  This is simple.

The non so simple matter is if you were not granted a Bank Guarantee. For these cases, if money was deposited in a Bank account under a developer/ development´s name.... you need to act out of provision 1.2 of Law 57/68.

This last one is a harder fight....

Best wishes for the weekend.... I am trying to rest ;)

Maria

Gibraltar from Castellar Castle by Roberto Pecino at Flickr.com



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Legal tip 374. Legal aid in Spain. Information
20 October 2010


1. What are the costs of a trial and who should normally pay them?

  • In Spain the public service of the Justice Administration is free. There are no fees or charges for using the service. However, going to court commonly entails certain costs. These mainly include:
    • solicitors' and barristers' fees
    • costs of publishing announcements in official journals
    • deposits required for lodging certain appeals
    • experts' fees
  • These costs normally have to be paid up front by the party concerned. At the end of the trial the court has to decide which party is ultimately to bear the costs; in Spain this is known as the “condena en costas” (order to pay costs) and it is governed by the “loser pays” principle.

2. What is legal aid?

In Spain legal aid (“asistencia jurídica gratuita”) is a right for members of the public who cannot afford the costs of a trial.

People granted legal aid do not have to pay the following costs:

  1. pre-trial legal advice
  2. solicitors' and barristers' fees
  3. costs of publishing announcements in official journals
  4. deposits required for lodging certain appeals
  5. experts' fees

In addition, and solely for cross-border disputes, following the reform of the Legal Aid Act by Law 16/2005 of 18 July 2005 to adapt it to Directive 2002/8/EC, recipients of legal aid do not have to pay the following costs:

  • Interpretation services
  • Translation of documents
  • Travel expenses if the applicant has to appear in person.
  • Defence by a lawyer and representation by a prosecutor even where a personal appearance is not necessary if this is ordered by the Court to guarantee the equality of the parties.  

3. Who can benefit from legal aid?

  1. All Community citizens of insufficient means (for cross-border disputes, only individuals are eligible).
  2. non-Community nationals who are legally resident in Spain or who have their entitlement recognised in international conventions (such as conventions on international child abduction) on the same terms as Community nationals;
  3. in labour matters, any employed person regardless of nationality and means;
  4. public-interest associations and foundations.

To qualify as having insufficient means, the total monthly income of you and your family unit must not be more than twice the National Minimum Wage (“salario mínimo interprofesional”) set annually by the Government. In 2005 the minimum wage was €513 per month. For cross-border disputes, even if you earn more than this amount you may be eligible for legal aid if you are unable to meet the costs of the proceeding owing to the differences between the cost of living in your Member State of residence and Spain.  

TopTop

4. Can legal aid be obtained for all disputes?

Legal aid is available for all cases, whether or not contentious, involving sums of over €900 and it covers all proceedings, appeals and enforcement of judgments. In cases involving smaller sums, for which the services of a solicitor and barrister are not compulsory, legal aid may be granted where the other party does have legal representation or where explicitly called for by the judge or court to ensure that the two parties are on an equal footing.

5. Is there a specific procedure for urgent cases?

On consideration of the circumstances of the case or its urgency, the judge or court may order a solicitor and barrister to be temporarily appointed with immediate effect. Nonetheless, without prejudice to this appointment, legal aid may be denied if the person concerned fails to demonstrate that they have insufficient means in accordance with the ordinary procedure.

6. Where can I obtain an application form for legal aid?

The form is available from Legal Guidance Departments (Servicio de orientación jurídica) of Bar Associations (Colegios de Abogados), Offices of Senior Judges (Decanatos) at courts and provincial Legal Aid Commissions (Comisiones provinciales de Asistencia Jurídica Gratuita).

For cross-border disputes the form to be used is the one laid down by the Commission in its Decision of 9 November 2004.  

7. Which documents should I attach to my request for legal aid?

Documentation showing:

TopTop

  1. your own financial situation and the financial situation of the members of your family unit;
  2. your personal and family circumstances;
  3. the legal protection sought;
  4. the particulars of the litigants.

For cross-border disputes, Spain has indicated that the language that can be used to fill out the application form is Spanish.

8. Where should I register my request for legal aid?

The application for legal aid must be filed with the Bar Association in the place where the court responsible for trying the main issue is located or with the Senior Court (“Juzgado decano”) of your place of residence. These Bar Associations are designated as the receiving authority for the applications in the case of cross-border disputes. The issuing authority for the application is the Bar Association corresponding to the applicant’s normal place of residence or domicile.

Nationals of European countries which are parties to the European Agreement on the Transmission of Applications for Legal Aid may file their application with the central authority designated by their country for that purpose.

You must file your application before instituting proceedings, or if you are the defendant, at the time of filing the defence pleadings. However, whether you are claimant or defendant, you may apply for legal aid at a later stage, provided you can demonstrate that your financial circumstances have changed.

9. How will I be informed of whether or not I am eligible for legal aid?

The Bar Association may adopt the following provisional decisions:

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  1. notify you that there are defects in the application, which must be rectified within 10 days, failing which the case will be closed;
  2. declare the application inadmissible or unfounded and notify the Legal Aid Commission accordingly;
  3. declare that the application fulfils the statutory requirements, in which case a solicitor will be appointed within 15 days and the Barristers' Association will be notified so that it can appoint a barrister within 3 days; the Bar Association will also submit an application to the Legal Aid Commission for final approval.

If the Bar Association fails to reply within 15 days, you may apply direct to the Legal Aid Commission, which will decide forthwith whether to provisionally appoint a barrister and a solicitor pending verification of the information and documents.

The final decision on whether or not to grant legal aid must be adopted by the Legal Aid Commission within 30 days following receipt of the complete application. If, after 30 days, a decision has still not been taken, the provisional decisions adopted by the Bar Association and the Barristers' Association will be ratified.

The applicant is notified of the decision within three days, as are the Bar Association, the Barristers' Association and the judge or court hearing the case, or the senior member of the court if the proceedings have not yet commenced.

10. If I qualify for legal aid, what should I do?

  1. If you are the claimant, you must file your application, before instituting proceedings, with the Bar Association in the place where the court responsible for trying the main issue is located or with the Senior Court (“Juzgado decano”) of your place of residence.
  2. If you are the defendant, you must file your application before filing the defence pleadings. An application filed by a defendant does not suspend the trial; nonetheless, the court may, of its own motion or at the defendant’s request, suspend the proceedings pending the decision awarding or refusing the free legal aid.

For cross-border disputes in which legal aid is sought in order to take action in another Member State, the application can also be submitted to the Bar Association (in the case of residents in Spain affected by a dispute in another State) of the applicant’s normal place of residence or domicile.

TopTop

11. If I qualify for legal aid, who will choose my lawyer?

As a rule, the solicitor is appointed by the Bar Association on the basis of a rota. However, you may choose your own solicitor, provided that he or she agrees not to charge.

12. If I qualify for legal aid, will this cover all the costs of my trial?

Legal aid covers the following costs:

  1. pre-trial legal advice
  2. solicitors' and barristers' fees
  3. costs of publishing announcements in official journals
  4. deposits required for lodging certain appeals
  5. experts' fees
  6. an 80% reduction in the fees for notarial deeds and certificates from the Property Register and the Trade Register.

In addition, for cross-border disputes, legal aid covers the cost of interpretation services, translation of documents and travel expenses if the court to which the case has been referred considers that it is necessary for the applicant to appear in person.

13. If I qualify for partial legal aid, who will pay the other costs?

If they are more than twice and not more than four times the national minimum wage, in exceptional cases the Legal Aid Commission may grant aid on the grounds of the applicant’s personal and family circumstances.

In such cases, the Commission itself decides exactly which costs are to be covered. The trial costs not covered will have to be met by you yourself, pending the court’s ruling on who to award the costs to. If the ruling goes against the other party, it is from him or her that you will recoup any trial costs you have had to meet out of your own pocket.

For citizens resident in another EU State, this rule is applied with caution, taking into account the applicant’s financial means in his country of residence to avoid adversely affecting him.

14. If I qualify for legal aid, will it cover any review I might make following the trial?

Free legal aid covers all the stages of legal proceedings, including the lodging of appeals and enforcement.

However, in the case of enforcement action instituted more than two years after the final judgment, a new free legal aid application must be submitted.

Legal aid may not be used for proceedings other than those for which it was granted.

15. If I qualify for legal aid, can it be withdrawn?

The decision granting legal aid may be revoked if it was obtained through an incorrect statement, falsehood or omission on the part of the applicant.

Legal aid may stop being paid if the financial situation of the person to whom it was granted improves within three years.

In either scenario the general rule applies: the costs will be paid by the party that loses the case.

16. If I am turned down for legal aid, can I appeal against this decision?

You can appeal against a legal aid decision by writing to the Legal Aid Commission within five days of the date on which you were notified of the decision. Your appeal will be considered by the competent court.

Further information

What effects does an application for free legal aid have on the handling of the main issue?

Where the exercise of a right is subject to a time limit, the filing of an application for free legal aid suspends the countdown of the time limit.

What does the barrister (“procurador”) do?

In Spain the legal professional who appears in court normally has to be someone other than the solicitor (abogado); this is the barrister (procurador). Barristers represent their clients in court throughout the trial.

Information obtained from the European Judicial Network  in civil and commercial matters



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Management tip 30. PostCrisis values:simple proposals XXIII
19 October 2010

Today´s: Sense of community

A quote by a great person:

Law; an ordinance of reason for the common good, made by him who has care of the community

 St. Thomas Aquinas quotes (Scholastic philosopher and theologian, 1225-1274)

Our thought:

Till we do not create and foster work organisation models based on the full extension of the word "persons",  joyfully and risponsably oriented to the commun good and  to service, we will not give creation and innovation the room they need to fly among us.

We, persons are beings for others, we have a communal feature we cannot forget, if we do, deshumanization rapidly come to our homes, offices, public squares, economies....

 



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Legal tip 373. What about those properties Banks are offering now?
19 October 2010

Some/many of the deals Banks are now proposing to new clients are of already sold  properties.  They were sold to consumers through perfectly valid and enforceable private purchase contracts under the protection of Law 57/68 and Consumers Law.

This is the sequence , as you all perfectly know, of how these properties were born and are in the market now:

1.- Banks receiving money as off plan advanced payments had a duty to secure on the existing of Bank Guarantees and Insurance Policies for the refund of the same to they payers for the cases where there was a delay on start or end of works. These Bank Guarantees were not , in many cases, provided to consumers.

2.- Developers did not finished on time or according to publicity expressed in the contract, buyers decided to cancel their contract and ask for the refund of moneys. Very few were refunded by developers as the real estate and financial crisis came right then.

3.-As there were no completions and no new financial support by banks to developers, these started defaulting on payments of their mortgages to build.... and of course they started pushing consumers to subrogate their debts against banks.

4.- Consumers refected this pressings covered by rights out of Contract and Consumers Law.

5.-Banks then started the enforcement of mortgages on building sites and completed properties and saw growing their property stocks.

6.- Now they nicely come back again to  new buyers with what they call l " deals" . What about the former buyers of same properties?

7.- Consumers are enforcing their rights against Banks out of provision 1.2 of Law 57/68.

8.- If Banks are wise enough, the recognising of these debts to consumers will be the best way to attrack this new buyers they desperatedly need. A show about the need for banks to not operate in disregard of the interests and rights of their clients.

Good for Law 57/68. If this did not exist, we would have made it up.... as someone said once about America ( allow me the comparison ;)

Judges and good Consumers Law specialists and lawyers are now risponsable and protagonist actors for the brightness of these guarantees of  consumers.

Let´s keep moving ahead!

Best to you all,

Maria

Roofs in Nerja by Roberto Pecino at Flickr.com



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Legal tip 372. Dear Northern European: come now to your South to grow your businesses
18 October 2010

You Northern European, come to your South ( Spain) to make/grow your businesses:

 

Companies will receive public aid despite the austerity plan 

 

 

Tax incentives to companies will grow next year. They will do it at a very modest 3.4%, but still it is an important figure in contrast with the policy of withdrawal of stimuli that initiated the Government following the deterioration of public funds and the stalking of the markets. 

The figure ranges from the lowest tax burden on SMEs  ( Small  and Medium Enterprises) to pay a reduced rate compared to large firms (25% of its profits compared with 30% overall) to the deduction for reinvestment of profits or research and development. 

 

 

The last major fiscal stimulus measure that the Government will launch in January is a waiver of five points in the corporation tax for SMEs  which maintains or increases their level of employment. These companies will pay 20% of their profits, which rose nearly 50% of the budget that the government will spend in this tax benefit. 


Die Unternehmen werden öffentliche Zuschüsse trotz Sparkurs erhalten

Steuerliche Anreize für Unternehmen wird im nächsten Jahr wachsen. 
Sie werden es zu einem sehr bescheidenen 3,4% zu tun, aber es ist eine wichtige Figur im Gegensatz zu der Politik der Entzug von Reizen, dass die Regierung nach der Verschlechterung der öffentlichen Mittel und die Pirsch der Märkte initiiert.

Die Zahl reicht von der niedrigsten Steuerbelastung für KMU (Kleine und Mittlere Unternehmen) zu zahlen einen ermäßigten Steuersatz im Vergleich zu Großunternehmen (25% seiner Gewinne verglichen mit 30% insgesamt), den Abzug für die Reinvestition von Gewinnen oder Forschung und Entwicklung.


Die letzte große Konjunkturpakete Maßnahme, dass die Regierung im Januar starten ist ein Verzicht auf fünf Punkte in der Körperschaftsteuer für KMU, die oder pflegt erhöht deren Niveau der Beschäftigung. 
Diese Unternehmen zahlen 20% ihrer Gewinne, die fast 50% des Budgets, dass die Regierung in dieser Steuervorteil verbringen Rose.

 

Tarifa by Roberto Pecino at Flickr.com



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Legal tip 371. Andalucia regulations to fight planning corruption
15 October 2010

 

1.Licenses cannot be subject to future planing  approvals.

 


2.Notaries and Registrars  will require division licenses before issuing deeds of land division and/or register these acts. If Registrars could estimate these licenses to be against lega order, they will communicting this to the corresponding Regional authorities.

 


 

3.Licenses will clearly identify plots with plans, cadastral and Land registry data

 


4.Licenses applications will be considered as granted if there is no response by the Administration in three months. This rule will not apply if there is a breach of Planning law involved.

 

5.Notaries and Registrars will require that technical certificates ( both for works in process as well as for  finished works) are formally approved by Architects´ corresponding proffessional societies.

 


6.Notaries and Registrars will require, for finished works, the first occupation license

 


7.Notaries and Registrars will require for registering finished works, the Book of the Building to be deposited in the Land Registry

 


8.Coordination and collaboration between Land Registry and Public Administration on Planning order are reinforced

 

9.Acts for the protection of Planning legal order will have access to the registry and will protect good faith third parties according to the Publicity principle.

 

Sevilla shapes by Nexus at Flickr.com



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Legal tip 370. Land Registry to fight corruption
15 October 2010

As many of you may know now, Land Registry in Spain has a very different role to the UK one.

This institution in Spain is the ultimate guarantoor of status of ownership regarding every real estate in Spain in a sense that makes that evey purchaser  has the legal protection of his rights by Law if he purchased according to what is described in the Land Registry, whatever the reality is. It is the principle of Publicity of the Land Registry. We have some posts describing these important Land Registry principles

You can read on them by clicking here and here

Castan, a Magistrate of our Supreme Court has recently advocates for strengthening the role of the registry to fight corruption and make obligatory for the administration to communicate to the Land Registry every infringement of planning order.

This way, if the Administration did not provide these facts to the Land Registry, the purchased who bought guided by the protection that Land Registry offers, could demand liability to the Public Administration.

Gibraltar from La Linea by Mark Stanley at Flickr.com

 

 

 

 

 



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Legal tip 369. Rural oportunities in Spain
15 October 2010

Rural areas cover 91.3% of Spanish territory, however, accommodate only 31% of the population who, tired of the shortage of labor supply, health services and entertainment oportunities,  finally ends moving to a big city. 

This situation, ongoing for more than four decades, has left more than 3,000 deserted towns in Spain, which are a great oportunity for business.

Projects in rural areas receive grants which generally come from the European Union, which gives each member an amount designed to implement rural development programs. In the case of Spain, the budget for the current period amounts to 13.8 million euros. Of these, 7.2 million is earmarked for the promotion of initiatives in rural areas, the rest goes to direct aid to agriculture. 

These funds are  channeled through local action groups. Currently, there are about 300 in Spain, divided by regions. Composed of public entities (50%) and various culture, entrepreneurs, youth and agriculture  associations  who decide what project is awarded funding, according to the needs of each region.
 
Every one of these groups can manage around 1.5 million euros, this amount  is received every six years.Besides the subsidies, rural development action groups also assist in the management and processing of permits needed to develop these initiatives.
 
In addition, new companies created in rural areas can benefit from agreements that these development groups have with  different savings banks and banks that facilitate access to finance. 


The implementation of rural development initiatives do not necessarily entails  the purchase of land. In the case of municipal land or buildings owned by religious institutions, the way to make use of the land can also be a public concession.
 
New obtained from Expansion, translated and adapted for you by Maria de Castro
 

 

Asturias countryside by Mapicruz Antitaurina at Flickr.com



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Legal tip 368. A suicide at our nearest Bank office
14 October 2010

 I am writing this with my heart filled with sorrow and frustration but at the same time with renovated energies for our battle for Bank´s liabilities on the real estate bubble/ irresponsale over credit in Spain and the posterior crisis we are all still suffering, suffering and suffering these days.

This person has left a suicide note where he says that the Bank has taken away all he had : house, family... and life.

A new reason: the  lost life of this person, for us not to avoid any effort to protect individial people´s, person´s lifes and families against the voracity of these monsters.

Apologies if I sound too strong!

Maria



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Legal tip 367. Starting your company in Spain? Ideas bank
14 October 2010

For those of you thinking about starting a company in Spain, a secret: we are creating a great service for this.

An an advanced gift to all the future members of our Entrepreneurs Club, please have this  link, which also will lead you to information about this great event 

Have a great day!

Maria

Alcaidesa Marina in La Linea



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Management tip 29. PostCrisis values:simple proposals XXII
14 October 2010

 Today´s: courtesy

A quote by a great person:

To be humble to superiors is duty, to equals courtesy, to inferiors nobleness.

 Benjamin Franklin quotes


The life of the team and of the company is made up, not out of the incomes we receive everyday but out of the smiles, little services and favours, empathy, laughs... that we share every hour.

This would not be possible if we did not know each other in a  good extent.. that´s why we  have breakfast and lunch together everyday, celebrate our birthdays together and plan some social outings together too. And we have so much fun... in a very natural and simple way.

The Costaluzlawyers Team

 



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Legal tip 364. Great for Judges in Malaga and Madrid recognising Banks liabilities!
13 October 2010

First Instance Court decissions are coming now.

Received copies during the last five days from two different colleagues of mine who have won cases in First Instance Courts:  in Malaga and Madrid.

The Madrid one specifies that even when there was no Bank Guarantee and the Bank allegates that the amounts were not deposited in a special account, the Bank clearly  knew ( as being the financer of this initial deposits) that the amounts were for an off plan purchase.

By a good interpretation and application of provision 1.2 of Law 57/68, and Law 57/68 objective as per Supreme Court considerations,  the Madrid Court makes the Bank liable of the refund, plus legal interests, plus legal costs.

We are advancing! Balance is coming! Good for my colleagues and for Judges too!

Mezquita Sunset by Roberto Pecino at Flickr.com



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Legal tip 363. Figures on legal aid lawyers in Spain
13 October 2010

The observatory for Legal aid lawyers in Spain corresponding to 2009, says:

 

  • There are 38.000 Legal aid lawyers in Spain. Their average age is of 41 years old and have been working as lawyers for 13,5 years. 
  •  Cataluña has a 24,2% of them, followed by  Madrid (20,5%) and Andalucía (15,1%).
  •  Qualifications issued by users of this service are of 6,4
  • 2 of 3 citizens do not find problems with the service
  • 72% say that service by the Legal aid lawyer was good or very good, just 8% says it was bad or very bad.
  • Main problem is slowness of processes. As a result of a bad functioning of the Justice administration (76%),  Civil Procedure ( 12%) or the opponent party (3%)
  • For a 76% it was easy to obtain this benefit.
  • 2 of every 5 thinks the State needs to invest more on this service.

Punta de Europa, Gibraltar by Roberto Pecino at Flickr.com



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Legal tip 362. Legal requirements if you rent your apartment in Murcia IV
11 October 2010

Lanlords or companies in charge of renting of houses for tourism have the following legal obligations:

a) To keep the house in good conditions for use.

b) To inform consumers, in anticipation, about services included and its price. 

c) To make available to users a phone number 

Landlords or rental companies can request an amount as reservation. Landlords/companies need to communicate to consumers/users the reception of reservation amounts within 24 hours from reception. If reservation is not accepted this amount needs to be refunded to clients within 48 hours.

 

All reservation need to include: 

 

a) Name and classification of the house/apartment

b) Name and identification number of the client.

c) Date and estimated time for arrival and departure.

d )Identification of accomodation and number of places

For cancellation conditions and loss of reservations and deposits, general contrat conditions and particular agreements in its deffects wil apply. 

For additional information on this topic, please click on here

 

Juderia Facade in Cordoba, by Roberto Pecino at Flickr.com



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Management tip 28. PostCrisis values:simple proposals XXI
11 October 2010

 Today´s: appreciation

A quote by a great person:  "We become wiser by adversity, prosperity destroys our appreciation of the right" Seneca

There is no better moment than the moment we are living. For companies, for families, for persons...

Talking to the owner of a bookstore yesterday I was persistent on refereing how financial institutions have created a total mess in Spain, he very wisely said to me that the problem was in people: very true.

The solution, the new ideas and ways of organization, financing etc... are in people too.

Tomorrow is a Feast Day in Spain: Our Lady of the Pillar and Day of Hispanity.



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Legal tip 361. Owners in control of communities
07 October 2010

A today´s post:


Hugh:

I fully agree with you. As in other many associations/communities, participation needs to be encouraged. Good communication systems are needed and I cannot think of anything different to online communication systems for communities of owners these days.  In my opinion, the Horizontal Property Act itself needs to be reviewed and ammended somehow regarding valid ways of communications in Communities of owners.

It is very important to note here, two specific provisions of the Horizontal Property Act related to this particular point: room for decissions and proposals of individual owners.

Provision 16.1 :

 

 The meeting of the general assembly shall be held at least once a year to approve the budget and the accounts, and in any other time the president sees fit or upon request of 25 percent of the unit owners or a number representing, at least, 25 percent of the assessment quotas.

Provision 17.2 second paragraph:

"Any unit owner may request the meeting to examine and resolve on any matter whatsoever concerning the community. For this purpose, a letter should be sent to the president setting out clearly the items requested to be dealt with. The president shall include them in the agenda of the following meeting to be held".  

Sunset silhouette by Lady Haddon at Flickr.com



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Legal tip 360. Cash your money from the Bank and invest in Spain now again
06 October 2010

It is now the perfect time for this.

Cash your money from the Bank ( either through exceution of Bank Guarantees) or asking these institutions for liabilities linked to provision 1.2 of Law 57/68 and
invest in Spain again: make a company in order to provide services to all those developments which are for being inhabited and lived out. There are many oportunities.

This is good for all, for Banks revitalising too. They need to let the money go for their own welfare too. We are all one at the end of the day.

We know of these oportunities in our area ( Western Costa del Sol, Sotogrande, Alcaidesa, Campo de Gibraltar, Tarifa, Zahara de los Atunes, Conil, Barbate, Chicalana,) but we are sure the same oportunities are now emerging all over the national over built coasts, for you English speaking people to start a business and make a living in Spain.

Good work, strategies, balanced management, publicity, care for clients will be ncessary on a daily basis, money does not come literally from the sun  in Spain... but yes, Mr. Sun helps our economy a lot... take advanatage of him. He is very generous.

Best regards,

Maria

Sunrise in san Pedro del Pinatar  Murcia by Kate_Dave_Hugh at Flickr.com



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Legal tip 359. No taxes on the sale of habitual dwelling for residents
06 October 2010

There is no tax on the capital gains when selling  your first home, provided the seller is over 65 years old or are in a situation of dependence. The house must have been the first home of the seller during the two precedent years to transmission.

You NEED TO BE A SPANISH RESIDENT for this benefit as houses of non residents are never considered " first homes"

Ronda Plaza by Elarequi61 at Flickr.com



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Legal tip 358. Legal requirements if you rent your apartment in Murcia III
06 October 2010

Tenants will be included in a registry with specific mention of their personal identification data and dates of arrival and departure.  Owners will provide to Tourism regional authorities information by answering a questionnaire which will be periodically sent to them... This measure is just for statistics reasons.  

Schedule for occupancy will start, unless otherwise agreed, at 17:00 of the arrival day and will finish by 1200 h of the departure day.

The units will be made available in full conditions for occupancy (maintained, operational, and clean) so that immediate use is possible.
 
Users are obliged to the legally required prescriptions related to the correct use of the apartment.

Fines: Infringement to what is established in this Decree (Murcia Decree 75/2005, dated the 24th of June, on regulations of touristic apartments and holiday houses) will be fined according to Murcia Tourism Act 11/1997

For previous information on this topic, please clikc here

Beach days in Campo de Gibraltar by Roberto Pecino at Flickr.com



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Management tip 27 • Managing the Dark Side of Growth
05 October 2010

The abstract published by IESE insight of the article " Managing the dark side of Growth" by Mª Julia Prats Moreno and Marc Sosna says that growth is not linear, but a rollercoaster ride of adrenaline highs and stomach-churning lows.

Business leaders need both the stamina and ability to shift their approach when necessary to keep their companies on a sustainable growth path in the long term.

The authors tracked more than 110 CEOs of young, innovative companies from more than 20 different countries and several industries for more than five years. Their research highlights an important paradox in managing growth: The same behaviors that are necessary or beneficial to grow a firm in the good times can easily become traps in the bad.

Being aware of this, and having the capabilities to manage it, notably increases the probability of success. Specifically, the authors identify four shifts of mindset that leaders in volatile work environments need to make if they are to be effective:

from sticking to their guns to collaborating with their critics;

from being the protagonist to becoming an enabler;

from always being one step ahead, to making sure everyone is on the same page;

from living with extremes, to staying firmly on track.

Above all, CEOs need to remain grounded in a strong set of personal values, such as humility, kindness, patience and fair treatment, which will ultimately help organizations deal better with the storms and bounce back more rapidly to the sunny days of growth.

 



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Legal tip 357. Legal requirements if you rent your apartment in Murcia II
05 October 2010

It is necessary:

- To have a distinctive sign with the classification of the apartment at the facade.
- To include classification of the apartment in every piece of publicity used
- To have the corresponding claims book available
- To have an insurance to cover proffesional indemnity

More coming tomorrow

See chapter one of this serie here

Costa del Sol, Daybreak by Roberto Pecino at Flickr.com



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Legal tip 356. Half a million of enterpreneurs
04 October 2010

Yes, that is what the Spanish economy needs.... do you want to help us?

Innovative, transparent, ethical entrepeneurs, please come to the sun of Spain....!! why not?

Beach days by Roberto Pecino at Flickr.com



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Legal tip 355. Legal requirements if you rent your apartment in Murcia I
04 October 2010

 If you have an apartment in Murcia region and:

- You use publicity for the marketing

- It is rented in two or more occassions during a period which exceeds one month a year

you need to both register yourself and the property before the corresponding  authorities in Murcia.

Together with other requirements that we will be developing along the week.

Keep an eye on our blog!

Facade, Jerez de la Frontera by Roberto Pecino at Flickr.com



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Legal tip 354. Northern europeans come to Spain to live and undertake initiatives
02 October 2010

 

 

 

We need you to come and start companies in our country.

 

 

We have been thinking of this from the beginning of the crisis, looking to the oversupply of houses and the need of good relocation, expat services to be provided to future inhabitants of them.

 

 

See some examples: 

 

 

http://www.eyeonspain.com/blogs/costaluz/88/proffesional-services-for-renting.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/113/spain-hospitality.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/305/we-do-not-want-to-cancel-contractscostaluzlawyers.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/339/financial-crisis=-creativity-times.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/494/faith-in-spain.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/497/what-can-we-do-as-the-best.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/671/optimismde-qu%C3%A9.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/756/picture-couple-of-books-and-last-paper-by--stiglitz.aspx

 

 

http://www.eyeonspain.com/blogs/costaluz/726/coworking.aspx

 

 



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Legal tip 353. Catastro electronic notifications
01 October 2010

Catastro starts electronic notifications... if you want more information, just click here


We are going, we are advancing...

Have a great weekend,

Maria

There is a "Bandoleros" Festival this weekend in Grazalema... do not miss it!
 
 


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Legal tip 352. "Beware of..." an old post most relevant now
01 October 2010

 20 August 2009 

Legal tip 127. Beware of distressed properties on sale 

Some distressed properties are being sold by developers/ agents, whose initial buyers did not come to the completion of the property ( due to lack of finances, developer´s delay or any other cancellatory breach...),at a much reduced price: the fall of the market and the fact of a 30% deposit being already at the seller´s pocket make this possible.

The danger is here:  the  1st buyer still has on the property:

-  15 years to act for contract cancelaltion and refund of money paid ( if there is ground for contract cancelaltion) or

-   No deadline to finally buy,  as long as his contract is not cancelled  the buyer keeps buying rights on the property.  

Imagine you buy ( 2nd buyer) a distressed property now and  in two years´ time, once there is some recovery in the financial industry, the first buyer wants now to buy what has been offered and bought by you at a much reduced price. According to a contract he has with developer and which has not been formally cancelled, he has buying rights on the property you also bought:

What would you find then? Yes, a crime by the seller but.... a nightmare for you as a Judge might end up passing a decission by which the initial buyer has rights to buy and you have just a judicial action against the criminal seller for the money you paid and .... no house.

It is always advisable to have a good independent lawyer. Believe me! 

Maria

web@costaluzlawyers.es

 

Toalla en Aguadulce, CostaBallena, Cádiz by Photo Javi at Flickr.com




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