All EOS blogs All Spain blogs  Start your own blog Start your own blog 

El blog de Maria

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

Legal tip 845. Hand keys back to Bank V: Property outlets
31 October 2012

Still an effort by Banks is necessary but...we, lawyers, could greatly help to have the estate market resurrect and live. Very possibly, the effort by Banks whis is needed will come along as soon as the "bad bank" is born.

How?

I was offering this possibility to our russian friend , who is trying to help our clients sell their properties to russians:

As they are properties being handed over to banks as dations, and we try to do these efforts in conjunction with the Bank and, when doing do, we try to find a buyer for the property, I was thinking...

If Banks were open to apply a reduction on pending mortgage, these properties will go out to the market at prices which are really attractive to new buyers and realistic with their possibilities.  

Again. Very possibly, " the bad bank" will help this to happen. It will make the real estate market to get back to healthy hands: buyers and sellers in market, and to finish with the death of this market as far as it keeps being in hands of banks looking firecely just to their balances... come on!!

This way, again, all parties will end up being benefitted:

- Mortgage debtor: He finally gets out of the debt

- Bank: He gets a new debtor in charge of the mortgage loan instead of a house he has to sell

- Buyer: He obtains a house at same conditions as if he waited to the public auction in Courts, with the possibility of inspecting it before buying it.

It is true that the  bad bank" will finally make all this to happen more quickly. No way... if someone needs to lose more to get out of the crisis this is BANKS.

That losing will help also to have them changing mentality and philosophy again. You cannot build gains being far to society.

Previous posts on dation and balance:

http://www.eyeonspain.com/blogs/costaluz/7686/legal-tip-822-dation-and-balance-iv.aspx

Plazas y Calles de Vejer en La Janda Litoral

"Plazas y Calles de Vejer en La Janda Litoral", Vejer de la Frontera, Cadiz, Southern Spain,by Manuel Acebedo: El Viajero de La Janda Litoral, at flickr.com



Like 0        Published at 07:07   Comments (0)


Legal tip 844. A PDF document for your community
30 October 2012

http://www.coafmu.org/descargas/lphingles.pdf

So you all have the Horizontal Law at hand!

Maria

Si Ud. Siembra... Recogerá

"Si Ud. Siembra....Recogerá", El Palmar, Cádiz, Southern Spain, by Manuel Acebedo, at flickr.com



Like 0        Published at 16:26   Comments (0)


Legal tip 843. Bank´s urgency to sell
22 October 2012

 Mainly due to the inminent set up of the Bad Bank, Financial Entities are selling with urgency:

 

- Santander

www.altamirasantander.com  with discounts of up to 70%. Santander is offering financing of up to 100% equity to 40 years with an interest rate of Euribor plus 1.25%. The portal offers a space for investors. 

-BBVA

www.bbvaviviendas.com discounts of up to 60% financing conditions: 100% Capital up to 40 years and facilities to lower the monthly payment by 30%.

 - Bankia

 Bankia, BFA Group's real estate subsidiary, will auction some of their homes between October 19 and November 13. The discount will range between 30% and 60%, and prices will start from € 40,000. Bankia is granting  mortgages up to 100% of the amount of the sale. The term can be up to 40 years and the spread over Euribor is 0.90 points, no origination fees. Currently, the real estate website www.Bankiahabitat.es there about 20,000 properties for sale.

- CaixaBank

The client is the one who sets the amount you are willing to pay. For the purchase of flats themselves, the Catalan offers mortgages for 100% of the price.

- Banco Popular

Aliseda Property Management, Popular Group, provides some 6,500 homes spread throughout Spain. Among its featured properties has several homes for sale in Valencia, Barcelona and Malaga. The bank gets to finance up to 100% with a  maximum period of 40 years, Euribor plus 0.50% the first year and Euribor plus 1.25% at all other times. Allows initial grace period of up to 24 months repayment.

- Banco Sabadell

  www.solvia.es  .The entity provides financing up to 100%.

- Banesto

"More than 1,000 houses for 9 euros a day" with a great offer in Alicante, Cadiz, Murcia and Valencia. Their website also offers a Clearance section properties with 4,000 units at prices of 20 years ago. The bank finances up to 100% Capital, 40 years, and allows you to set a fixed fee for the first three years.

- CatalunyaCaixa

www.cxinmobiliaria.com. The portal provides discounts of up to 70% in some assets. Provides for the purchase of properties preferential financing, giving the opportunity to purchase homes for 300 euros a month. Among the most significant developments, is a selection of properties from second homes from 40,000 euros (132 euros per month)

- Bankinter

- The entity's finances up to 100% of the purchase price for a period of up to 40 years for first and second homes, and with a spread of 1.20% Above Euribor.

- NCG Banco

The NCG Banco Real Estate Group, the result of merging the two Galician savings banks, homeownership is marketing 3737 and 5526 third. Since January 2012 has applied discounts from 29% to 78% of new housing portfolio, what has facilitated the sale of 2,138 own properties worth 221.3 million euros as of September 2012. In addition, external developers financed by the bank have sold properties worth 3640 324 200 000. Its web properties www.escogecasa.es highlights Pontevedra, Lugo Huelva and for less than 100,000 euros. His current campaign "Bye Bye Summer" offers 991 apartments from 33 700 euros and 127 townhouses from 70,699 euros. Finances up to 100% of the value of the home at 35 years.

- Kutxabank

The bank resulting from the merger of the three Basque savings banks in its web www.aiksa.com sells about 4,500 homes. The average discount applied varies with the quality of the home or premises, and can range from 5% to 20%, according to sources of the entity. Kutxabank explained that the criteria for granting mortgages to own homes do not vary with respect to the rest, with the rigor and risk control as fundamental.

- Safety EspañaDuero

Through the web www.giasainversiones.es, Safety EspañaDuero makes available to the individual homes with discounts varying between 10%, and 40%. It has a list of opportunities, with homes in Valencia, Malaga, Toledo and Madrid, among others.

The entity has a specific mortgage these homes, the Mortgage Net Real Estate Portal, which funds up to 100% of a term of 40 years and a spread of 1% over Euribor.

- Unicaja Bank

The Andalusian is among the banks with lower volume of real estate assets. Yet his property portal, Unicajainmuebles.com presents interesting offers, spatially on the Andalusian coast. In Malaga, Almeria and Cadiz, there buying opportunities from 53,000 euros.

- Liberbank

Cajastur owned bank, Caja Extremadura and Caja Cantabria has recently released the www.liberbankvivienda.es estate portal.

Típica Calle Vejeriega en La Janda Litoral

"Tipica Calle Vejeriana en la Janda Litoral", Vejer de la Frontera, Cadiz, South of Spain, by Manuel Acebedo, at flickr.com



Like 0        Published at 09:05   Comments (0)


Legal tip 842. Human development in Business
19 October 2012

Human Development in Business

 

 

Publisher: Palgrave Macmillan

Original document:Human Development in Business

Year: 2012

Language: English

 

The book is divided into two sections, the first of which offers philosophical reflections on business and its impact on society. 

Claus Dierksmeier examines why human freedom and morality have been stripped away from modern economic teaching. He then goes on to explain how freedom-based economic thought can pave the way for more and better corporate responsibility. 


Domènec Melé discusses "first person" ethics as the cornerstone for economic activity, while Francesc Torralba and Cristian Palazzi explore "the logic of gift" -- i.e., looking beyond profit and promoting the human good -- in contrast with commercial logic, broadening the traditional concept of economic rationality. 

Also included is a comparison by Paul H. Dembinski of two distinct forms of social, financial and economic interaction: relational and transactional. 

Ethics professor Michael Assländer, meanwhile, weighs in on the reformulation of corporate social responsibility. 

Humanistic Management in Practice
The second part of the book takes a practical view toward developing more humanistic management practices.

Robert Kennedy argues that successful businesses must orient themselves toward "gratuitousness," that is, a deep commitment to customers rooted in the spirit of generosity and selfless giving, particularly those who are economically disadvantaged. 

Also included is Antonio Argandoña's proposal for a theory of human action that introduces moral virtues in the reasoning of economics and forges new avenues of thought toward love, gift and gratuitousness. 

Focusing on the topic of entrepreneurship, André Habisch and Cristian R. Loza Adaui reflect on how entrepreneurial activity has been marked by gratuitousness from medieval times through industrialization.

In addition, Jennifer E. Miller examines work as a vehicle for cultivating creativity and personal growth, the contribution of women, and possible solutions to the challenges faced by working women today.

By taking an interdisciplinary approach rooted in Catholic social teaching, the authors make a significant contribution in the field of management thinking on the challenge of human development in today's globalized business world.
 
 
LAS DUNAS Y LOS FUTUROS PINOS DIFUNTOS
"LAS DUNAS Y LOS FUTUROS PINOS DIFUNTOS", Tarifa, Cadiz, Costa de la Luz, Southern Spain, by Chodaboy, at flickr.com


Like 0        Published at 14:21   Comments (0)


Legal tip 841. European inheritances
18 October 2012

Here a great link with answers and questions on European Inheritance:

http://www.notaries-of-europe.eu/files/press-releases/Successions-Q&A-07-06-12-en.pdf

 

1. Will the new Community rules facilitate pan-European inheritance? What are the most important 
innovations? 

The new rules introduce a number of changes which represent some significant steps forward as far as European 
citizens’ rights are concerned:
  
- Harmonisation of the rules governing conflicting laws which define the law applicable to inheritance at European 
level. Henceforth it will be principally the law governing the final residence of the deceased which will be applicable. 
This harmonisation will facilitate the planning of inheritance for EU citizens or for those from third countries.
 
- Possibility for the deceased to choose a legal system other than that of his/her habitual residence to settle his/her 
legacy. While still living, he/she may choose the law of his/her nationality via the will, or, if appropriate, via a 
succession agreement.

- The single nature of the law applicable to the inheritance. The applicable legal system will govern the entirety of the 
inheritance. Thus no distinction will be made between real estate and movable goods, as used to be the case in 
certain States such as France.

- Creation of a European Succession Certificate which will streamline the settlement of cross-border inheritance, 
particularly on matters of proof effects and legitimisation. For example, it will constitute the proof of the status of heir 
in all Member States.
 
- In the absence of the requirement of legalisation or a similar requirement, acceptance and  circulation  of 
authenticated deeds within the European Union are facilitated by the rules.
 
2. As a European citizen resident in an EU country other than that of my nationality, I should like at this 
time to draw up a will and select the law which applies to my legacy. Is this possible? 

The rules will become applicable  in the summer of 2015. However, thanks to the temporary provisions of the rules, 
European citizens will be able to select the legal system applicable to their success as soon as it comes into force 
(summer of 2012).
 
In order to ensure that their choice is clear, they may, if appropriate, call on the services of a Notary. As a general rule,
the www.successions-europe.eu website provides an overview of the right of inheritance in the Member States in 23 
languages. This is an ideal tool for identifying basics answers to questions before calling in the Notary.
 
3. May I select the inheritance law of one specific State even if I do not reside there?

Yes, but this choice is exclusively limited by the rules deriving from the laws of the nationality of the deceased.

 
4. What happens where there are no immediate heirs? Is an international search for heirs undertaken?
The rules propose no solution to the matter of a search for heirs. The law of the court seised continues to govern the 
matter of discovering whether, and where appropriate, in what way the relevant authority should proceed to search for 
heirs.

5. Which laws are applicable outside of Europe?

Outside of Europe, the question of the law applicable to inheritance continues to be settled differently. In some countries 
priority is given to the law of nationality, while in others, to the law of last residence. Others still make a distinction 
between real estate (the law of the location of the real estate) and movable goods (the law of the habitual residence). In 
the absence of legislative authority, European regulations are, of course, in no position to settle these differences in 
other countries.
 
Within the European Union, however, these new  rules on conflict of laws are universally applicable, including for 
residents of non-EU Member States. Hence the legacy of a Chinese living in Poland will henceforth be governed by 
Polish law, notwithstanding the right of the deceased when living to select Chinese law. It should be noted that Denmark, 
the UK and Ireland have not adopted the rules.

6. On tax questions, do the new rules change anything?

The rules do not apply to fiscal matters and have no effect on death duties to be paid by heirs.

 

We will be happy to assist you with these matters too! If you want, you can contact us at web@costaluzlawyers.es

Kindest,

María 

Playa de Valdevaqueros, Isla de Tarifa y el Puerto de Tanger al fondo

"Playa de Valdevaqueros, Isla de Tarifa y el Puerto de Tanger al fondo", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com



Like 0        Published at 16:22   Comments (0)


Legal tip 840. Murcia punishing Banks
17 October 2012

 

New judgment declaring the responsibility as custodian of banks where off plan amounts were deposited while the building process, under  Article 1 second of  law 57/68;  this time by the Provincial Court of Murcia.

Such liability is defined as subsidiary to the developer´s and different to the guarantoor´s. 

Perhaps,  the most telling statement of the judgment is one in which it is stated that the obligation of custodians of deposits are:

"Legal obligations which makes these entities guardians of the existence of guarantees for the protection of interests of purchasers "

New era for banks coming!

Maria
 
 
 
En directo...
 
"En directo....", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com
 


Like 0        Published at 20:30   Comments (1)


Legal tip 839. Official information for starting-up in Spain
17 October 2012

 http://europa.eu/youreurope/business/starting-business/setting-up/spain/index_en.htm

If you need individual legal assistance on this in Spain, you can email us to web@costaluzlawyers.es

 

Your Europe, your opportunity 
Practical guide to doing business in Europe.

Playa de Los Lances, Tarifa

"Playa de Los Lances, Tarifa", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com



Like 0        Published at 09:05   Comments (0)


Legal tip 838. Coastal Law
17 October 2012

Coastal Law passed recently  seeks to end the "legal uncertainty" and improve coastal protection.

Several main points:

 

1. The new law will allow the government to act against  Local Council´s licenses for  works contrary to the law. Clause is known as "antialgarrobicos" by famous seaside hotel in Almeria icon of coast blight.

2. Extends concessions to another 75 years to all those properties already built, whether homes, restaurants and hotels, among others, that are located on public domain land shoreline.

3. Authorization for chiringuitos will be of 4 years, whereas before it was only one.

4.The more than 1,700 industrial occupations (chemical, mining, textiles, energy ...) must pass an environmental report for their concession rights to be extended.

5.The Act includes a new distinction between urban beaches and natural beaches and increases the protection of the latter.

6.Compulsory registration in the Land Registry of properties on the coast to avoid the possibility of purchasing a property in good faith on the coast and find out later that it is affected by the t boundary of the public domain.

An interesting link: http://ec.europa.eu/unitedkingdom/press/frontpage/2012/12_91_en.htm 

Las vacas playeras en Bolonia, Tarifa

"Las vacas playeras en Bolonia, Tarifa", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com



Like 0        Published at 08:34   Comments (0)


Legal tip 837. Keith´s last post on Finca Parcs
16 October 2012

 FINCA PARCS ACTION GROUP - APPEAL COURT DECISION DUE IN MARCH 2013 
11 October 2012 @ 23:28 

PRESS / MEDIA RELEASE - FOR IMMEDIATE RELEASE – 10 OCTOBER 2012

 

FINCA PARCS ACTION GROUP vs CAJA DE AHORROS DEL MEDITERRÁNEO (CAM BANK) & SPANISH DEVELOPER, CLEYTON GES SL

APPEAL COURT DECISION DUE IN MARCH 2013

FINCA PARCS ACTION GROUP – TIMELINE OF THE LEGAL ACTION

  2006 - No legally required Bank Guarantees for Off-Plan deposits totalling 1.5 million 
    Euros
  February 2011 - Lawsuit against CAM Bank & developer Cleyton GES SL filed to Court

  12 January 2012 - First Instance Court Preliminary Hearing
  21 & 22 May 2012 - Trial held in First Instance Court - Hellín

  8 June 2012 - Judgment released in favour of Finca Parcs Action Group
  CAM Bank and Cleyton GES SL sentenced to return deposits amounting to almost 1.5   
    million Euros to the buyers with the addition of legal interest and costs
  July 2012 - CAM Bank appeals the First Instance Court Judgment
  July 2012 - Finca Parcs Action Group submits Opposition to the CAM Appeal
  July 2012 - Finca Parcs Action Group file Provisional Enforcement Order to the Court
  August 2012 – CAM Bank pays full amount of deposits plus legal interest and costs 
    to the Court
  Appeal to be heard by the Albacete Appeal Court
  Appeal to be decided on 4 March 2013
  Appeal decision will be announced by the end of March 2013

APPEAL BY CAM BANK

 

Following the Finca Parcs trial in May of this year involving 47 buyers at the Las Higuericas Finca Parcs development near Murcia, Spanish property developer Cleyton GES SL and CAM Bank (now SabadellCAM) were sentenced jointly and severally by the First Instance Court to repay in full the off-plan deposits paid by members of the Finca Parcs Action Group plus interest and costs.  Cleyton GES SL did not appeal the First Instance Court Judgment; however CAM Bank did Appeal.

DATE ANNOUNCED FOR APPEAL DECISION

Finca Parcs Action Group filed their Opposition to the CAM Bank Appeal and the Appeal was admitted into the Albacete Appeal Court on 3 September 2012.

4 March 2013 is the date that has recently been announced by the Court as the day that the Appeal Court Magistrates will make their decision.  The decision will be notified to all parties by the end of March 2013.

Coordinator of the Finca Parcs Action Group, Keith Rule explains; 

“Three magistrates from the Albacete Appeal Court have been appointed to this case and will preside over the Appeal.  They will make their decision on 4 March 2013.  The decision will be released and notified to all parties by the end of March 2013 at the latest”.

CONFIDENCE

Keith says that both he and their legal team are very confident that the appeal court will dismiss CAM’s appeal and uphold the First Instance Court sentence in full.

He says;

“We have a very strong First Instance Sentence and our opposition to CAM’s Appeal included a significant amount of Case Law on the issue of banks liabilities according to Spanish Law, LEY 57/1968”


Jaime de Castro, Lawyer for the Finca Parcs Action Group comments; 

“The most important steps have been taken and I have confidence that we will win primarily by the strength of the First Instance judgment and due to the number of favourable case law examples that already exist today which outline the responsibilities and obligations of the banks with respect to buyers who have large sums of money at risk on these off-plan purchases, all in accordance with Law 57/68”

 

Maria de Castro, Director of Costa Luz Lawyers, one of the two legal teams that have been working on this and other similar cases over the past 4 years adds;

"We are confident that the correct and accurate interpretation of Law 57/68 by the courts will be of interest to many people and families who bought off plan and are currently affected by similar problems. We look forward to the Albacete Appeal Court Judgment due next March”.


Despite its actions being described by the Judge as ‘banking malpractice’ CAM Bank continues to maintain that it is not responsible for the situation and that all irregular actions and illegalities were committed only by the developer.

APPEAL DECISION EAGERLY AWAITED BY OTHER OFF-PLAN VICTIMS

Other buyers of off-plan property in Spain who were not issued with the legally required bank guarantees to protect their deposits are awaiting the outcome of this case with interest as an Appeal Court decision can be used as a Case Law precedent in other similar cases.

Keith says;

 

“There is great interest in our Finca Parcs case from thousands of other off-plan buyers who did not receive the legally required Bank Guarantees many of whom have their life savings at risk.  We have always believed that according to LEY 57/1968 banks have a liability in these types of cases.  We have worked tirelessly since 2008 to highlight this issue in the media and amongst buyers of off-plan properties inSpain.  As a result we are seeing successful judgments against Banks in other similar cases as victims of Bank Guarantee abuse begin to benefit from sentences now being released by many Courts.

Keith concludes;

“We are confident that in March our landmark First Instance Sentence against CAM Bank will be upheld in full by the Albacete Appeal Court   

Vistas del Estrecho de Gibraltar, Tarifa

"Vistas del Estrecho de Gibraltar, Tarifa", Tarifa, Cadiz, Southern Spain, by Chodaboy, at flickr.com



Like 0        Published at 17:43   Comments (1)


Legal tip 836. Business Schools in Spain
16 October 2012

Among best rated in the world. Specially IESE (University of Navarre)

 

 

Patera en La Playa

"Patera en La Playa", Tarifa, Cadiz, South of Spain, by Chodaboy, at flickr.com



Like 0        Published at 07:27   Comments (0)


Legal tip 835. Exchange of driving license
10 October 2012

 The exchange of one’s national driving license expedited in a member state of the European Union or in one of those pertaining to the European Economic Area for a Spanish driving license

General Information:

All driving licenses issued in one of the 27 member states of the European Union or in one of the 3 member states of the European Economic Area (Norway, Iceland and Liechtenstein) allows their citizens to drive with their original driving license without the obligation to homologate it or obtain a separate license in their new country of residence. Therefore, the member states of the European Union and the members of the European Economic Area in agreement with the normative of the Union maintains its validity in Spain, as long as the license is in agreement with the age requirement in Spain to obtain a driving license, having fulfilled all requirements in one’s country with regards to the period of validity, being declared mentally and physically competent to drive, and any sanctions in the case of any infractions of the law.

Spain takes into account the country where the license was expedited, its expiration date in order to register it in the Provincial Traffic Administration (Jefatura Provincial de Tráfico) as for example with France, (whose citizens just need to call in).

In general, the driving licenses A1, A, B and EB are registered without any type of examination. The other types of driving licenses require some sort of exam to be passed.

Citizens who have obtained residency may request the exchange of their original driving license for that of a Spanish driving license.

When having to renew your original driving license is normally when to exchange it for the Spanish license due to the fact that a renewal must be done in your country of residence. In order to carry out this transaction you must request the extension of your license 3 months prior to its expiration date.

 

The Authorization of Another Person to Carry Out the Transaction of Exchange of License

A written and signed authorization must be presented, containing the client’s personal information, authorizing said person, with their personal information, to carry out the said transaction. According to the official webpage from Traffic Administration Office the authorization must reflect explicitly that the authorized person is doing this for free.

Requesting an Appointment

Number to call to scheduling an appointment: 902.300.175

At the number 060 you can request the Exchange of License for your province

If your country is a member state of the European Union it is not necessary to make an appointment to carry out the transaction. You can go directly to your Provincial Traffic Administration Offices.

Required Documentation:

1.       The official request form from the Traffic Administration Office or www.dgt.es

which includes: a written statement declaring that you have not been stripped of your right to drive by any court nor had any interventions or suspensions. (contained on form)

A written document stating that you are not a holder of any other driving license from Spain or any other country pertaining to the European Union. (contained on form)

 

2.       Taxes ll.3 (2012) 26.80€

 

3.       Proof of Identification and Residency:

a.       National Identification Card or Passport: the valid original

b.      Authorization of residence along with a Certificate of Register in the Central Registry for Foreigners from the European Union: the valid original

 

4.       Valid driving license: the original and a copy

 

5.       A current photo: original 32 x 25 mm

 

6.       A photo form provided by The Traffic Administration Office: Filled in and signed.

 

Exceptions:

An Expired Driving License: If the license you are trying to exchange is expired you must obtain a clean bill of health from a registered health care center and hand in the approved form to the Provincial Traffic Administration.

Price of Driving License Exchange

·         If you do not have to pass any type of examination: Approximately 30€

·         If you must pass some type of driving exam: Approximately 90.00€

These taxes are paid in the same Traffic Administrations Office when presenting the documents.

·         The price for a renewal of driving license: Approximately 23.00€

Length of Transaction:

Depends on the length of time it takes the respective country to answer the declarations. 

If you need further assistance, you can contact us at web@costaluzlawyers.es

"Cala del Pato", Conil de la Frontera, Cadiz, South of Spain.



Like 0        Published at 11:56   Comments (0)


Legal tip 834. Is leader humility desirable?
10 October 2012

 Much more than desirable: necessary and even essential.

It is the only way energies, creativity and passion can circulate among the team and to the company and clients.

Only humble people are real leaders.

Now this post on this topic from Creatologue

 

Is Leader Humility Desirable?


 

Recently a video of Nick Clegg, Deputy Primer Minister of UK and a Liberal Democrat Leader, has created some reasonable flutter over internet. It’s very rare that a political leader’s video would do rounds on internet, unless its some sting operation. The content of the video, nevertheless is very interesting. In this video Nick Clegg is apologizing to his voters for having made an electoral promise which later on was turned out to be difficult to keep. “We made a pledge, we did not stick to it, and for that I am sorry.” says the Deputy PM. Prior to elections Nick Clegg’s party had promised that tuition fees won’t be raised post-election. However, the coalition government in the UK lifted the cap after elections. The words he employs are very interesting. He says, “”It was a pledge made with the best of intentions – but we should not have made a promise we were not absolutely sure we could deliver. I shouldn’t have committed to a policy that was so expensive when there was no money around. Not least when the most likely way we would end up in government was in coalition with Labour or the Conservatives who were both committed to put fees up.”

The question however is, “How does it affect the position of a leader who is humble enough to accept his or her mistakes?”.

In another very interesting piece in Forbes, Doug Guthrie and Sudhir Venkatesh highlight humility as a virtue that has a positive impact on creativity. They argue that a humble leader, who is open to accept his/her mistakes is also open to seek and explore new ways for correcting those mistakes. In other words, a humble leader is likely to be a better listener and is likely to be someone who would be open to new ideas. They cite Kathryn Schulz’s book Being Wrong, “when you are open to the idea of being wrong, when you truly believe that another path might be better and are not cowed by it, you will be a more creative and innovative person. You will take more risks; you will explore more paths with unknown outcomes; and you will build a better organization.”

The answer is not very clear. From what I gather, Nick Clegg hasn’t received simply plaudits for his humility act. In fact there are people from among his followers who are rather disillusioned and disappointed. They are disappointed with the fact that his apology is actually for ‘Having made a promise which wasn’t possible to be fulfilled’ and not for simply ‘not fulfilling a promise’. In other words, his apology is more of a philosophical compromise rather than acceptance of failure. In a recent paper in Academy of Management Journal, Owens and Heckman (August, 2012) look at the concept of humility in business as well as religious context. One of their findings show that in the context of business humility and perceived competence are strongly related to each other. If a leader is perceived to be competent, than an act of humility is perceived positively; but if the leader hasn’t yet proved his/her competence, than humility isn’t viewed that favorably.

The two arguments above are not necessarily mutually exclusive. A humble leader who still hasn’t established his credentials for competence may still show humility and be open to new ideas. To anyone interesting in the topic, I strongly recommend the autobiography of Mahatma Gandhi, “My Experiments with Truth”. Probably the most honest and objective account of a leader’s philosophy and it’s evolution ever written in the human history.

But then, he was Mahatma Gandhi. He could afford to be humble!!!!!!

ResearchBlogging.org
Bradley P. Owens, & David R. Heckman (2012). Modeling How to Grow: An inductive examination of humble leader behaviours, contingencies and outcomes. Academy of Management Journal, 55 (4), 787-818 DOI:10.5465/amj.2010.0441

"La Caleta", Cadiz, South of Spain



Like 0        Published at 11:48   Comments (0)


Legal tip 833. Case won in Las Higuericas
10 October 2012

We received with great joy yesterday the new on a case being won in Murcia Appeal Court in relation to Las Higuericas site, where we are directing a big case as you know.

Case is partially similar to ours ( Banks liabilities out of Law 57/68) with the exception on that they had a partial Bank Guarantee.

The case we are conducting for more than 70 people deffends buyers without Bank Guarantee at all. So it will certainly be next step ahead in this battle.

Can´t wait to March when Appeal Court decission for our case will be issued.

Arcos de la Frontera, Cadiz, South of Spain.



Like 0        Published at 08:16   Comments (2)


Legal tip 832. Spanish Lawyers for Latinamerica
08 October 2012

Almost 5000 lawyers from all five continents gathering in Dublin last week at the Annual Conference of the International Bar Association..

Inauguration performed by Joseph Stiglitz ( Nobel prize economist) who made a call for courage of governors so that politics are not just centered on cuttings and austerity. Talking about the need of one and only bank system and unity in financial and tax policies. 

Ond of the most debated topics have been the feeing systems for Law Firms, concluding that hourly feeing is in decrease

Spanish lawyers are being called to be a bridge between Europe and Latinamerica.

Yes, it is a great advantage that the legal systems of almost all Latinamerican countries are sons of our legal system.

Cadiz, South of Spain.



Like 0        Published at 21:00   Comments (1)


Legal tip 831. Rental prices going down in Spain
04 October 2012



evolución precios
According to The report on average rental price of houses in Spain ( September 2012):

Rent for a 90 m2 flat rent is of 940€ a month, a 2,7% cheaper than a year ago.

Rent for a 60 m2 flat rent is of  491€ a month, a 0,8% less than last year.

So, rental of bigger houses cost less than those of  smaller ones.

The average rental price is of 696€ a month, 0,8% less that one year ago. 

"Sunset in Zahara de los Atunes", Cadiz, South of Spain




Like 0        Published at 16:23   Comments (0)


Legal tip 830. How work and family can enrich each other
02 October 2012

How Work and Family Can Enrich Each Other

 

Kim, S.; Las Heras Maestro, Mireia

 

Publisher: IESE

Original document: A qualitative analysis of facilitating conditions for work-family enrichment

Year: 2012

Language: English

 

 
Over the past four decades, work/family research has attracted considerable attention. 

Initially it was the growing participation of women in the workforce that spurred interest, with much early research focusing on the conflicts experienced by women in trying to meet the competing demands of their work and family roles. 

Increasingly, however, research on work and family has shown that positive aspects can emerge from the interaction of these spheres for both women and men.

For instance, resources acquired in one role can be reinvested in the other. Participation in one domain can create energy that can be used to enhance experiences in the other.

Work/family enrichment refers to this new line of research, exploring the way that resources gained at work can improve the quality of family life, and vice versa. 

In their working paper, "A Qualitative Analysis of Facilitating Conditions for Work/Family Enrichment," Sowon Kim and Mireia Las Heras discover factors that contribute to the sharing of vital resources across both domains. 

Work/Family Enrichment
Higher marital satisfaction has been found to be significantly correlated with higher job satisfaction, just as higher marital discord has been associated with lower job satisfaction.

The authors researched dual-career couples, interviewing them on a range of home dynamics, including married life, children and household management, as well as work-related experiences.

Of particular importance were the conditions under which work/family enrichment occurred. 

Women in the study found that their personal lives provided them with emotional support that enhanced their effectiveness as managers. 

Consider this quote: "If I feel good at home, that improves my mood, and this indirectly improves my work. When I must confront people (at work), what mood I am in is important. If I feel good at home, I feel good here."

Likewise, positive work experiences had a positive knock-on effect on family life, as one man who recently started his own advertising business discovered.

"When you get an interesting project, it makes you happy, so you want to share it with your wife at home. This generates better dynamics, good spirits and conversation."

Cutting Across the Work/Family Divide 
Some resources, such as skills, perspectives, material goods and social capital, often transcended both family and work domains. 

The home factors that contributed to family resources included couple congruence, positive parenting experiences and shared responsibilities. 

One man underscored the importance of his wife's understanding: "We have complementary qualities, complementary tastes, so I do not have to justify every single thing I want to do, or every single decision I make regarding home or family. We generally agree on the important areas of life."

Parenting experiences were no less important. Men who became fathers tended to be more satisfied and committed to their careers than childless men were. 

As one man put it, the family became "a life project." Greater commitment to the family translated into greater commitment to other areas of life, including work. 

Individuals also applied what they learned from work to educate their children. As one interviewee said, "With the new knowledge that I have, the more I can help and teach (my children)."

Partners were also able to draw upon their spouse's work-based expertise and knowledge. 

A teacher who participated in the study highlighted the importance of her husband's accounting expertise when she accepted a new role with management responsibilities. 

"Now I am responsible for budgeting, for which my husband's knowledge of accounting is a great help."

The study concluded that organizations interested in promoting work/family balance should include training on work/family enrichment and the importance of sharing resources between work and family. 

Also, managers should be aware of how their subordinates´home resources enhanced their performance at work. 

Most crucially, managers should lead by example. This means being aware of the resources available and intentionally making use of them across work and family domains. 

In this way, they might encourage others to improve their performance at work and live more balanced, healthier lives.
 
 
"Atardecer en el Puerto de Santa Maria", Cádiz, South of Spain, 

 



Like 0        Published at 15:09   Comments (0)


Legal tip 829. Law 57/68 above Bankruptcy legislation
01 October 2012

Regardless your positionn at the creditor´s meeting and how you are or are not deffending your rights there, all rights contained in Law 57/68 are also still yours. 

Rights of Law 57/68 are of such a nature: irrenouncable, public... that no kind of private agreement or attempt for refund ( out of Courts or in Courts) you might be doing, can damage or prevail to Law 57/68.

In a  simple but teaching way: Law 57/68 is above Bankruptcy legislation.

Law 57/68 reason of being is to ammend the unbalanced risk position that off plan payments put the buyers in regards to the developers and  Banks.

Other related posts:

http://www.eyeonspain.com/blogs/costaluz/7428/legal-tip-803-law-5768-and-creditors-meeting.aspxhttp://www.eyeonspain.com/blogs/costaluz/7428/legal-tip-803-law-5768-and-creditors-meeting.aspx 

http://www.eyeonspain.com/blogs/costaluz/7471/legal-tip-805-law-5768-and-creditors-meeting-ii-eurohouse-case.aspx

"Beach El Carmen and harbir of Barbate entrance.



Like 0        Published at 13:17   Comments (0)


Spam post or Abuse? Please let us know




This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x