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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 981. Happy money
26 June 2013

 Just a link on this great heart:

http://www.hbs.edu/faculty/Pages/profile.aspx?facId=326229

Enjoy as a kid!

Love,

Maria

The village Espera, from the Castle "Fatetar", Cádiz, Southwest of Spain

 



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Legal tip 980. Corruption
24 June 2013

 Like in Europe, like in North America, like in many other latinamerican countries. The simple problem in Brazil these days is lack of civic virtues and values at the personal level. All included: politicians but also professionals, educators, parents, athletes, students....

We lost our bearings by thinking that life was all about consuming. These-- corruption and subsequent protests all over the world-- are the present social and political consequences, after the hypercorrupted times of over financing and the so-old-now economic crisis!

But we can certainly keep hopes up as right/joyful orientation is being born and spread out :

I enjoyed listening to this Harvard Professor today: 

 

Caños de Meca, Cádiz, Southwest of Spain



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Legal tip 979. Spain: hospitality. A 2008 post
21 June 2013

 

 

Spain:hospitality 
01 June 2008 @ 22:05 


An article of  today´s El Pais, within the Business and Economy Section states that Spain is still a "short branded country", ( this is a terrible free translation of mine) , what they mean is that the brand "Spain" is not powerful enough  within the international market.  The brand Spain has not a strong identifying character within the world business field.

" Germany: efficiency,  France: quality, Italy: luxury, United States: innovation, Japan: advanced technology" All these countries have a brand which help their enterprises to  guaranteedly  cross borders . On the other hand, when the Spanish enterprises decide to cross the Pirenees cannot trust  that their origin will help them too much." 

It made me think...., even though, I am not used to think too much within the coordinates of  just "high productivity", "business success" and "competitivity" as isolated categories. I rather think that when a product is genuine  and authentic , when it has a  strong and different personality, when it makes real good to people and their lifes, it has an implicit potential for success.  Spain should be strong then. We may have not been too much interested on selling ourselves. We prefer enjoy, celebrate and have people sharing it with us.....

Anyhow: Spain: hospitality. Spain: poeple-oriented, Spain: joy of sharing.... 

 

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es

"Plaza de España", Grazalema, Cádiz, south of Spain



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Legal tip 978. Simple description of a probate in Spain
19 June 2013

From the forum. Pinot is asking:  

My property in Spain is in the name of myself and my two sons.  Should I die would they not be the owners of the property as it is in both their names???

Some guidance on this would be much appreciated.  We also have Spanish wills drawn up to leave the property to the survivors.

Pinot

Our reply there: 

Pinot:

Once you die, your sons will have to start the title transference to their names.

If you have Spanish wills which do not contravene the UK one ( if there were one), the Notary will authorise a new deed where property shares are transmitted to your sons according to that Spanish Will. Just is you are spanish resident, having estate asset just in Spain, UK law will have no intereference in the process.

Once this new deed is obtained, taxes are paid and their new property shares are registered in the Land Registry.

Yous sons will be paying Inheritance taxes in proportion to the value of the shares they are acquiring

Hope it helps!

Zahara de la Sierra, Cádiz, Southwest of Spain

 


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Legal tip 977. Mortgages for Spain´s Bad Bank
18 June 2013

Banco Santander has reached an agreement with the Sareb ( Bad Bank) by which the entity will create a specific line of funding for the purchase of its  housing. The so named  'Superhipoteca Sareb-Santander'.

For fully finished, fully licenses properties ( other assets as hotels, commercial premises...)

Main residencies:  first home, the mortgage can be up to 30 years, with a rate of funding of up to 80% of the appraised value and priced from Euribor +2.25%

Second residencies:  maximum financing is 60%, with terms up to 25 years and minimum rates of Euribor +3%

The bank will market the 'Superhipoteca Sareb-Santander' in all its branches.


The 'bad bank' is negotiating similar agreements with other financial institutions

Good new for property buyers, bad new for property owners willing to sell. If you want our assistance for this type of mortgages, you can contact us at email
 
 
 
Vejer de la Frontera, Cádiz, Southwest of Spain

 


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Legal tip 976. Spain Supreme Court on floor clauses
18 June 2013

THE PLENARY OF THE FIRST CHAMBER OF THE SUPREME COURT HAS RESOLVED THE PETITION FOR CLARIFICATION OF ITS JUDGMENT OF 9 MAY 2013 ABOUT THE SO-CALLED “GROUND CLAUSES”

 

 

1.   In the judgment  it declared null the clauses judged because of  the concurrence of the following circumstances:

 

a)  * The creation of the appearance of a loan contract to a variable interest in which the oscillations of the reference rate toward the low, will affect a decrease in the price of money.

 

 

b)   *The lack of sufficient information that it is a defining element of the main object of the contract.

 

 

c)   *The creation of  the appearance that the “ground”  has as an indivisible compensation the fixing of a “roof”

 

d) * Its location among an overwhelming amount of data among which are hidden and which blur the attention of consumers in the case of those used by BBVA.

 

   *Lack of simulations of different scenarios related to reasonably foreseeable behavior of the interest rate at the time of contracting, in pre-contractual phase.

 

f)  *Absence of a previous, clear and understandable warning about the comparative cost with other products of the same entity.

 

- Credit institutions wanted that it was declared  that, for the declaration of the nullity of the ground clauses, it was necessary that all these  circumstances concurred

 

- The Supreme Court states that it is not necessary that all these circumstances concur simultaneously and that the perfect knowledge of the clause, its importance and impact on the performance of the contract, in order to allow consumers to take their economic decision after having been dutifully reported, is a result that can not be substituted for the compliance of formalities lacking  of efficacy in this sense -reading by the Notary, etc. -.

-SC  also states that ground clauses may be null although the consumer had been benefited for a time by the fall of the reference rate.

       

-Supreme Court also states that rest of the contract subsist and that this decission has NO RETROACTIVE effect.

El Gastor, Cádiz, South of Spain       

 

 

 



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Legal tip 975. Competitiveness for retail trade in Spain
18 June 2013

The Comprehensive Plan of Support to Competitiveness of Retail Trade 2013, a mixture of measures aimed to try to improve the competitiveness of the retail trade, has just been approved in Spain.

 

It was also decided to modify the Aid Fund for Domestic Trade to make available to entrepreneurs 28.68 million euros to support their investments and provide liquidity for current expenses.

 

This Plan is organized in ten lines of action and thirty measures, some of which have already been put into operation in 2012, targeted to the following sections:

 

·        Innovation and competitiveness of small businesses

 

·        Promoting open trade centers and municipal markets

 

·        Financial support to  businesses

 

·        The trade promotion and revival of demand

 

·        The boost to generational relief and entrepreneurs

 

·        Exploiting the synergies between trade and tourism

 

·        Improving commercial security

 

·        Legislative measures to boost trade activity and eliminating obstacles to start the activity

 

·        Supporting the internationalization of Spanish trade

 

·        Improving training and job creation in the commercial sector

 

Express company setting and access to ICO funds available now. If you want more information on this, please contact us at email

Beach of El Cañuelo, Tarifa, Cádiz, Southwest of Spain

 

 



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Legal tip 974. Taxes and expenses when selling property in Spain
18 June 2013

 1.- Capital Gains Tax: http://www.agenciatributaria.es/AEAT.internet/Inicio_en_GB/English/Non_residents/Non_resident_Income_Tax/Non_resident_Income_Tax/Non_residents_with_no_permanent_establishment/Basic_taxation_issues/General_system_for_taxation_of_capital_gains.shtml

The buyer needs to pay 3% of property price into the Local Tax Office ( using model 211). After sending a copy of this payment to the seller, this can claim any excess within 3 months, using model 212 before Local Tax Office.

2.- Plusvalia:

 (Local Capital Gains Tax) named in spanish Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana is a municipal tax on the increase in the value of the urban land since the last recorded transfer

The tax obliged is the buyer.
Taxable amount or based is obtained by applying a rate, different for each municipality, to the value of the property at the time of the transfer, the number of years that the previous owner had the house is also taken into consideration.  The more years the less tax burden.
 
There is a tax relief if you reinvest money from the sale of an urban house into another main address, the relief will consider the amount of reinvested money. 
 
It must be paid within 30 days from the signature of the sales deed, or within 6 months in case of inheritance.

3.- Notary and Registry expenses: Unless agreed differently. Notary costs are to be paid by seller but one copy of the deeds which will be paid by the buyer. Buyer will pay Registry expenses
 
 
Bornos, Cadiz, Southwest of Spain
 
 
 


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Legal tip 973. Leading without a title´s manifesto
18 June 2013

 http://www.robinsharma.com/pdf/lwatm.pdf

Yes, go for it. Know yourself and find what you can do as an artist!

Maria

"Castle of Sancti Petri", Cádiz, Southwest of Spain



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Legal tip 972. By Robin Sharma
18 June 2013

Read some of him today and found it " unmissable"

Enjoy and create... that´s life and working about.

  • You can really Lead Without a Title.
  • Knowing what to do and not doing it is the same as not knowing what to do.
  • Give away what you most wish to receive.
  • The antidote to stagnation is innovation.
  • The conversations you are most resisting are the conversations you most need to be having.
  • Leadership is no longer about position – but passion. It’s no longer about image but impact. This is Leadership 2.0.
  • The bigger the dream, the more important to the team.
  • Visionaries see the “impossible” as the inevitable.
  • All great thinkers are initially ridiculed – and eventually revered.
  • The more you worry about being applauded by others and making money, the less you’ll focus on doing the great work that will generate applause. And make you money.
  • To double your net worth, double your self-worth. Because you will never exceed the height of your self-image.
  • The more messes you allow into your life, the more messes will become a normal (and acceptable) part of your life.
  • The secret to genius is not genetics but daily practice married with relentless perseverance.
  • The best leaders lift people up versus tear people down.
  • The most precious resource for businesspeople is not their time. It’s their energy. Manage it well.
  • The fears you run from run to you.
  • The most dangerous place is in your safety zone.
  • The more you go to your limits, the more your limits will expand.
  • Every moment in front of a customer is a gorgeous opportunity to live your values.
  • Be so good at what you do that no one else in the world can do what you do.
  • You’ll never go wrong in doing what is right.
  • It generally takes about 10 years to become an overnight sensation.
  • Never leave the site of a strong idea without doing something to execute around it.
  • A strong foundation at home sets you up for a strong foundation at work.
  • Never miss a moment to encourage someone you work with.
  • Saying “I’ll try” really means “I’m not really committed.”
  • The secret of passion is purpose.
  • Do a few things at mastery versus many things at mediocrity.
  • To have the rewards that very few have, do the things that very few people are willing to do.
  • Go where no one’s gone and leave a trail of excellence behind you.
  • Who you are becoming is more important than what you are accumulating.
  • Accept your teammates for what they are and inspire them to become all they can be.
  • To triple the growth of your organization, triple the growth of your people.
  • The best leaders are the most dedicated learners. Read great books daily. Investing in your self-development is the best investment you will ever make.
  • Other people’s opinions of you are none of your business.
  • Change is hardest at the beginning, messiest in the middle and best at the end.
  • Measure your success by your inner scorecard versus an outer one.
  • Understand the acute difference between the cost of something and the value of something.
  • Nothing fails like success. Because when you are at the top, it’s so easy to stop doing the very things that brought you to the top.
  • The best leaders blend courage with compassion.
  • The less you are like others, the less others will like you.
  • The thoughts you think today determine the results you’ll see tomorrow.
  • Excellence in one area is the beginning of excellence in every area.
  • The real reward for doing your best work is not the money you make but the leader you become.
  • Passion + production = performance.
  • The value of getting to your goals lives not in reaching the goal but what the talents/strengths/capabilities the journey reveals to you.
  • Stand for something. Or else you’ll fall for anything.
  • Say “thank you” when you’re grateful and “sorry” when you’re wrong.
  • Make the work you are doing today better than the work you did yesterday.
  • Small daily – seemingly insignificant – improvements and innovations lead to staggering achievements over time.
  • Peak performers replace depletion with inspiration on a daily basis.
  • Take care of your relationships and the sales/money will take care of itself.
  • You can’t be great if you don’t feel great. Make exceptional health your #1 priority.
  • Doing the difficult things that you’ve never done awakens the talents you never knew you had.
  • As we each express our natural genius, we all elevate our world.
  • Your daily schedule reflects your deepest values.
  • People do business with people who make them feel special.
  • All things being equal, the primary competitive advantage of your business will be your ability to grow Leaders Without Titles faster than your industry peers.
  • Treat people well on your way up and they’ll treat you well on your way down.
  • Success lies in a masterful consistency around a few fundamentals. It really is simple. Not easy. But simple.
  • The business (and person) who tries to be everything to everyone ends up being nothing to anyone.
  • One of the primary tactics for enduring winning is daily learning.
  • To have everything you want, help as many people as you can possibly find get everything they want.
  • Understand that a problem is only a problem if you choose to view it as a problem (vs. an opportunity).
  • Clarity precedes mastery. Craft clear and precise plans/goals/deliverables. And then block out all else.
  • The best in business spend far more time on learning than in leisure.
  • Lucky is where skill meets persistence.
  • The best Leaders Without a Title use their heads and listen to their hearts.
  • The things that are hardest to do are often the things that are the best to do.
  • Every single person in the world could be a genius at something, if they practiced it daily for at least ten years (as confirmed by the research of Anders Ericsson and others).
  • Daily exercise is an insurance policy against future illness. The best Leaders Without Titles are the fittest.
  • Education is the beginning of transformation. Dedicate yourself to daily learning via books/audios/seminars and coaching.
  • The quickest way to grow the sales of your business is to grow your people.

- See more at: http://www.robinsharma.com/blog/09/robins-73-best-business-and-success-lessons/#sthash.vnlSQ4ji.dpuf

Castellar Viejo y Embalse de Guadarranque, Cádiz, South of Spain, by Javier Marquez Ayllón

 



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Legal tip 971. European Parliament on Keys Back to the Bank
17 June 2013

 The European Parliament (EP) calls on national governments to introduce payment in kind ( dacion en pago- keys back to Banks) for families in bankruptcy


The whole EP is asking Member States to endeavor to offer alternative solutions to evictions, particularly "the renegotiation of debt or payment in kind ( dation-keys back) for debtors and bankrupt families."

The parliamentarians also sought the governments measures to "prevent the evicted families continue to have to repay their mortgage loans."

The resolution is not binding but  only a political message addressed to the Governments of the EU.

Therefore, the Parliament calls for "European regulations on mortgages incorporate the best practices that are more favorable to consumers."

MEPs also request  Member States to ensure that citizens have access to moderately priced rentals and defend the creation of specific financial schemes for the most vulnerable households in relation to energy costs (such as energy fair pricing, specific aid or integrated into other social benefits, unpaid bills prevention and protection against power outages).

Finally, the report calls on the European Commission to develop a common framework to promote social housing in the EU, with sufficient funding from the EU budget for 2014-2020.

We agree that the renegotiation of debt/ payment in kind  needs to be provided becasue is they are "an option that companies have, it  also needs to be for families  which have gone bankrupt" and that it is a joke that Rescued Banks are still pressing bankrupted families for debt repayments after repossession.
 
 
 
Salinas del Parque Marismas de los Toruños y Pinar de la Algaida, Puerto de Santa María and Puerto Real, Cádiz, Southwest of Spain
 
 
 


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Legal tip 970. On Floor clauses, Spain
17 June 2013

We are convinced , as the Association of  Property Registrars is too, that all banks will be proactively modifying the floor limits very soon. Registrars estimate that between 80% and 90% of mortgages in Spain have such clauses.

So far, as you know, BBVA and Cajamar have already announced the proactively supression of the same on their  mortgage contracts.

We bare  offering  a no charge service for all EOS members for intial revision of mortgage deeds with very reduced prices for cases where we need to approach the Bank for supression. 

Anyone interested, please email us here
 
 
 
Arcos de la Frontera, Cádiz, South of Spain.
 


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Legal tip 969. Thank you
14 June 2013

Yes... thank YOU!

Sun in Spain... gorgeous! Come and live here!

Maria

Beach of San Fernando, Cádiz, Southwest of Spain.

 

 

 

 



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Legal tip 968. Cajamar accepts keys back in Courts
07 June 2013

Very wise, very sensitive, very modern, very pro-solution

Congratulations to our client and  to Cajamar too. 

Great new to start the weekend with!

Maria

Beach "Valdevaqueros", Tarifa, Cadiz, South of Spain



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Legal tip 967. NEW! Rental Act coming today into force
06 June 2013

Law 4/2013, is its reference, and it makes a difference on the following aspects:

-Legal regime:  It strenghtens  freedom of agreements and gives priority to the will of the parties under the provisions of Title II of the Act

- Legal/obligatory duration of the lease: when it is for home use: mandatory extension is reduced from 5 to 3 years  and tacit renewal from 3 to 1 year,  in order to boost the rental market and give it greater flexibility. 

- Recovery of  property by the landlord, to be usedas permanent housing in certain cases, requiring that had passed at least the first year of life of the contract, without express provision therein-

- Contract cancellation by the tenant:  Tenant can cancel the contract at any time after the expiry of at least six months, always notifying  the landlord with a minimum of thirty days. It recognizes the possibility that the parties may agree a compensation for cancellation.

Law to be applied from today, 6th of June 2013. Previous contracts are regulated by former Act unless parties agree to submitt them to this new one. 
 
Full text here
 
 
 
Villaluenga del Rosario, Cadiz, South of Spain.



 


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Legal tip 966. Hand keys back to the Bank VIII
05 June 2013

Always take this into account:

 

 

Banks are legally obligued to give to your property a minimum value when repossessing it.

 

This minimum value is now ( after May 15th, 2013), of 70% if it is your first residency and 50% ( if it is not) OF a VALUE which comprises:

Valuation of prinicipal of mortgage loan

Interests

Delay Interests

Legal costs

Much higher, generally, that the market value of the property.

As a matter of fact, there is very low property market in Spain, because... the whole market is controlled by Banks at present. So, enfocing  this Mortgage Debt AId  Law is the most sensible and fair thing to do as there is really no other way to participate in the...if you can call it so:  "property market"

Previous posts of this serie here

The church of San Antonio, Cadiz, Southwest of Spain



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Legal post 965. Embrace the Earth
05 June 2013

It is a while I know of this initiative and am looking forward to have you  participating on this... We have prepared a small abstract on their mission:

The rural environment has been facing for decades one of the most serious problems that a territory may suffer: the loss of population. This fact curtails severely the possibilities of development of villages because in addition to reducing the number of neighbors those who are going away are, mainly, women and trained people.

Groups of the civil society, mayors, and social-economic agents and, in general, the rural residents have been mobilizing to prevent the threat of closure of the school, the loss of services such as health care, the postman or the closure of small shops.

However, the attempts to fix population and to attract new residents to municipalities have been carried out, sometimes, without the proper tools to ensure the success of the initiatives. Therefore, in order to find practical solutions and to corroborate them with other territories, in 2001 it is created the project ANER on Transnational Cooperation by Rural Development Groups from different Spanish Autonomous Communities and the French region of Limousin. Its work materialized later in the project EMBRACE THE EARTH.

These Groups of Social Action had seen during more than 10 years of work in rural areas, how new inhabitants settled in their villages, many of them entrepreneurs. At the same time, they had been spectators and protagonists of important social changes, both in rural environment and in the general system of values. To the new opportunities of business that arise in the villages, resulting from the improvement  of the infrastructures  and new communication systems, are  joined  new social trends that prefer the quality of life and prioritize rural values ​​

In the presence of this reality and from the analysis of the previous failures and successes when fixing and attracting population to the territories, extracting the best from each experience, the eighteen rural development groups designed an action model to facilitate the arrival and integration of new residents entrepreneurs to rural areas. EMBRACE THE EARTH addresses with uniqueness of criteria in the fifteen groups the welcome of new inhabitants, systematizing and adapting to each reality a process that promotes population settlement in rural areas:

1.    -Creating a Network of Welcome Offices for New Settlers-Entrepreneurs, which main function is to inform, advise and support the new resident entrepreneur trying to combine his personal and business needs with the resources of the environment.

2.   -Carrying out mediation functions, preparing the welcome of the New Settlers-Entrepreneurs, promoting the awareness of the local population and the interagency coordination.

3.   - Encouraging the transferability of good practices in the processes of Settlement of Population in rural areas

         We are developing collaboration work with Abraza la Tierra, so, anyone interested on knowing more, please contat us

Full PDF info here: http://www.abrazalatierra.com/extras/comunicacion/Embrace_the_Land_2004_2008.pdf.                       

        

        

       Beach "Los Lances", Tarifa, Cadiz, Southwest of Spain.

 

 

 

 

 

 

 

 

 



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Legal tip 964. Defaulting tenants Registry. What do you think?
04 June 2013

How do you think the creation of a defaulting tenants national registry help?

It seems the objective is to control professional defaulters... rather than people under financial difficulties...

Setenil de las Bodegas, Cadiz, South of Spain, by Brian Burnett, at facebook

 



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