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El blog de Maria

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

Legal tip 828. On crisis and law 57/68
27 September 2012

 Because the 60´s were different times ( I am not telling about Franco) and consume, credit, banks... life were a completely different thing to what they have ended up being now, Law 57/68 ( passed in 1968) has been the miracle by which many property buyers , you among them, who bought properties off plan during the crazy years have recouped or will recoup their hard-worked earned money. In many cases savings of a whole life of work and sacrifice.

The world should look to Spanish wise and balanced Law 57/68 and what a Bank was then. An institution of trust for the protection and right investment of your money. A pro-person institution, as all are called to be for a healthy society.

Many judges in Spain have already understood,and the number will increase along next years, that they are pivotal to finantial reform and call the so challenging and beautiful battle for social justice within the banking world and  financial system.

New times coming. Yeah.

"Patio in a house of Medina Sidonia", (Cadiz, South of Spain).


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Legal tip 827. No more tax evasion to Switzerland
26 September 2012

Switzerland lifts bank secrecy and give Spain accounts data

Switzerland will provide all kinds of data on bank accounts in Spain starting January 1, 2013. Agreed upon by the Swiss Parliament, which has decided to respond to the demands of mass information put by the countries with which it has signed an Agreement for the Avoidance of Double Taxation (CDI), such as Spain, which means the end of the Swiss banking secrecy.

This decision, which have endorsed 130 MPs compared to 54 votes against, implies that the Spanish Treasury will perform what is called “group action”, to ask Switzerland to provide details of taxpayers who may have committed fraud or tax evasion or simply have breached any rules, but without giving his name or provide account or any type of banking information, which was a requirement so far. In the past, Swiss bank secrecy led them to respond only to requests from judges in a criminal case.

 Switzerland is reviewing its banking business model to the pressures the OECD, the European Commission and the U.S.

The new framework comes into force in 2013, at the same time of the Law on Tax Fraud Prosecution which is being prepared by the Government. That is, from January the 1st, any foreign account needs to be reported, and the associated fines are from 10,000 euros, fines which will not prescribe and that can be charged against last year tax exercise with a penalty of 150% of the amount.

To do this, Spain will have the necessary information from Switzerland, where, according to Swiss analyst firm Bern, there are about 45,000 million Euros of Spanish taxpayers. By that time, the New Criminal Code, which also aggravates the fiscal offense, will be in force.

Last point to be elucidated is regarding retroactivity of the measure.

New times keep coming! Democracy and transparency welcome home!

Cheers :)


"Kite-Surf in the beach Los Lances", Tarifa, Cadiz, South of Spain

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Legal tip 826. Neilson Gallery in Grazalema
20 September 2012

Friend Jack Neilson wrote to me this brief account of where Maru and him are right now:

Neilson Gallery, based in Southern Spain, first opened its doors in 2003, with the intention on the one hand to create a dynamic space based on a high quality program mixing established international and national artists in parallel with encouraging young emerging artists (mainly from Andalucia, Southern Spain), and on the other hand, create a series of exchange projects with other galleries both in public and private spaces.

In this sense, one of the actions was to invite artists to spend time in Grazalema providing adequate space for the development of his / her work. These periods of intense work in the countryside, have created series such as "Moving circles" of Japan's Erika Saito, "Grazalema" David Lopez Panea, installation "Garden of Paradise" by Carol Misch or "Hand in Hand "Quico Rivas and Gonzalo Torné.

During this period we have also had exhibitions of some of the best Spanish artists such as Chema Cobo, Manuel Salinas, Miguel Angel Campano, Alonso Gil, Federico Guzman, Manolo Quejido to name a few.
In addition to supporting and participating in public projects created by Andalucian institutions, the need for international dissemination of the artists we represent, we have created links with galleries in Madrid, Warsaw, Amsterdam, Tokyo and Houston, exchanging artists and exhibitions, links that we hope continue to expand. In addition we have now organized with a New Delhi based Gallery, an artist in residency program. Four Spanish artists will be working alongside 6 Indian artists, a UK and a USA artist, for the month of September 2012, culminating in a joint exhibition in Central New Delhi.

With the continuing international exposure, for the last 3 years Neilson Gallery have had a stand at the India Art Fair and will be also going in 2013, we have found that we now need to look for a gallery space with easier access for international and national visitors. We particularly like Malaga and hope to find a premises there.

For more information please visit our web site .


They are looking for a buyer of their gallery space, which is gorgeous and usable for many diffrerent possibilities, if you are interested on this, please contact us at 

Grazalema, South of Spain.

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Legal tip 825. Mistakes
18 September 2012

" I prefer the mistakes of enthusiasm to the indifference of wisdom" Anatole France ( 1844-1924), french novelist. Literature Nobel Prize

As, those who never failed are those who never tried. Those who never lived.

Mistakes make us learn and be humble: a precious virtue.



Zahora, beside the Cape Trafalgar, Cádiz, South of Spain

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Legal tip 824. Healthnews launching its website
14 September 2012

Good to know friend Charlie Holtermann launching her new website on Health Coaching. Worth reviewing it and contacting her. I can tell you by experience!

Best of lucks for you Charlie! 


Her EOS blog is HealthNews and her website is  HealthCoach

Castillo de Castellar

"Castillo de Castellar", Cádiz, South of Spain, by sergi.gisbert, at

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Legal tip 823. More settlements and successes this week
14 September 2012

 In actions against Banks out of Law 57/68.

- A judge passing a decission just six days after  preliminary hearing, without a hearing being necessary and against Santander in La Goleta by Proincosta. 

- Offer of Settlement by Banco Popular in Aureus, Alcaidesa returning all principal plus legal interests..


Good pubishment for Banks.

Have a great weekend!


Conil de la Frontera

"Conil de la Frontera", Cádiz, South-west of Spain, by sergi.gisbert, at

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Legal tip 822. Hand keys back to Bank IV
12 September 2012

As my friend Carlos Guerrero says very bravely on his yesterday’s post, some lawyers in Spain are continually seeking the way to “the most unfair mortgage law and civil procedure Act on the planet”. His post has made the continuation of these serie on dations, foreclosures and mortgages.

 In this same post Carlos comments on the recommendations made by the Court of Navarre to lawyers for using the following arguments in order to stop foreclosure: (suggested by Magistrate Garcia Goyena in a recent Court decision by Navarre appeal Court)

1. - The citizen can oppose the bank from taking your home saying" supervening circumstances that have affected their payments on the mortgage” “related to the social and economic context in which we currently find ourselves:  the unexpected and dizzying results of the economic and financial crisis of the last years.

2. - Claiming a situation of "abuse of rights" by the bank,  as  Bank of Spain regulations require financial institutions to integrate their foreclosed assets  by a reasonable value. (never under 60% of auction value agreed on the mortgage deed as per July2100 Royal Decree on aid to mortgage debtors).

3. - To apply, as a precautionary measure, to halt the foreclosure claiming that "contractual consent had been given by mistake or ignorance of their essential elements".

Refreshing, pro-people advice. My warmest congrats to Carlos and Navarre Appeal Court. We are re-building the country!

 Dation and balance III, Dation and balance II, Dation and balance I

Atardecer en Chiclana 4

"Atardecer en Chiclana 4", Chiclana de la Frontera, Cádiz, South of Spain, by sergi.gisbert, at

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Legal tip 821. Hand keys back to Bank III
09 September 2012

A three chapter on dation and balance

Some banks are wisely turning the situation into a realisitic and more human one where the dation offer is complemented with what is called " monitored sale" and where Bank, owner,  and buyer are coming together for the property to change hands and life move on.

Please let us know if you want to know about this service we are offering to our clients.

Best wishes for the coming autumn,


Dation and balance I

Dation and balance II


"Chiclana", Cádiz, South of Spain, by lucia.lence, at

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