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El blog de Maria

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

Legal tip 1100: NEW! Herrada del Tollo and BBVA in Alicante Appeal Court
30 January 2014

Case Law is being more and more reiterated and  clear

Congrats to all. Today, specially to Keith Rule, great promotor of this adventure!


Ps.- How about reinvesting these amounts in Spain?

Costa Luz Left

Alicante, Eastern Spain, by Jose F. Caro, at

Like 1        Published at 15:18   Comments (0)

Legal tip 1099. Supreme Court and 3 months delay
30 January 2014

Tribunal Supremo Sala 1ª, S 11-12-2013, remarks that as per the contract, as parties mutually agree, delay as a cause for contract cancellation,the 3 months delay is enough for the contract to be cancelled and refund obligation to arise from developer and Insurer. It is a good Court Decission for those who had a cancellation clause among their contract clauses but, I wonder.....

- Those who did not and meet the profile of off-plan buyers of Law 57/68, due to the imperatice character of this Law, should not have same rights? I think they should.

- What is the liability of the Conveyancing Lawyer which did not pay attention to this imnportant element: deadlines, delay, cancellation clause... according to Law 57/68. I think this is a gross negligence

I think, and have always thought even more: that provision 3 of Law 57/68 because of its imperative/inalienable character works as legal cancellation clause whatever it is stated on the contract or not.

I am asking Tomas ( Real Estate Law Professor I had in Law School) what he thinks about this.... I will let you know



Costa Luz Left

Can Espanya-Serra, Palma de Mallorca, Baleares Islands, North eastern Spain, by SantiMB, at






Like 1        Published at 14:32   Comments (7)

Legal tip 1098. NEW! Leon Appeal Court on Banks liabilities
28 January 2014

Recent, December Court Decission by Leon Appeal Court stating that:

Regardless the existence of a "special account", if there are enough evidences ( Bank being sole financer, Bank knowing private contracts...) for the Bank to know that those amounts were off plan payments by buyers, applying Law 57/68 and its clear protective and antiformalist character, according to the abundant existing Case Law, is liable for the refund of those deposits if the contract is cancelled.

Legal advice

Leon, Northwestern Spain, by Nuno Dantas, at


Like 0        Published at 20:45   Comments (1)

R-egal-o tip 1097. Ornithological tourism in Algeciras
28 January 2014

Please allow me this extra-legal post today. I was born and live in Algeciras


Legal advice

Algeciras desde la Refineria, Algeciras, Cádiz, South of Spain, by loqu, at

Like 0        Published at 20:32   Comments (0)

Legal tip 1096. Should I register my property at the Tourism office in Valencia region?
27 January 2014

There are two important exceptions to this obligation:

1. Seasonal rentals which does not provide toursim servcices: house cleaning, change of linen, luggage custody, laundry, repairs and maintenance

2.  Comunication of the tourism use of the apartment, villa... is not obligatory if just one property is being placed in the tourism market, unless they can voluntarily request the touristic classification.

Legal advice

valencia, Eastern Spain, by ho visto nina volare, at

Like 0        Published at 17:00   Comments (0)

Legal tip 1095. I wish Financial professionals will follow..
23 January 2014

Tell me what you think on this new way of making business published at the Guardian


We are in full "tune"  with it, did you ever read our company values? You can do it here below. What do you think?

Legal advice

Sierra Nevada, Granada, South western Spain, by Jesús Pérez pacheco, at



Like 0        Published at 10:03   Comments (0)

Legal tip 1094. NEW! Case won against two Banks and CORVERA
12 January 2014

As previous post. This time against CORVERA, BANCO DE SANTANDER and BANCO DE VALENCIA in a Corvera property. Need to check with time what Phase in Corvera. Will let you know tomorrow.



Legal advice

Casa abandonada (Abandoned house), Alquife, Granada, South eastern Spain, by Maximo López, at


Like 2        Published at 20:48   Comments (3)

Legal tip 1093: NEW! Case won against two Banks and HUMA
12 January 2014

Just received at the Law Firm: case won against Huma and two related Banks: Popular and Banco de Valencia. Jointly and severally. In relation to a property which was being bought in 2008.

Again Murcia Courts being very sensitive and pro-consumer

Real Bargains in Spain and present, great time for reinvesting those amounts in a real, real estate market at real prices.

Congrats to Murcia Courts, claimants and CostaLuz/De Castro teams.



Legal advice

Salina de Sherk, Murcia, Eastern Spain, by N4nO, at




Like 1        Published at 20:31   Comments (2)

Legal tip 1092. Access of disabled people to pools in Spain
10 January 2014

Supreme Court has recently stated, no Decission has before been submitted to this Court on this point, that disabled members of community of owners have rights for the Community to cover costs in relation to the access of the same to the pool, to the limit of 12 monthly community payments.

Legal advice

A pool of a complex in Maspalomas, South of Gran Canaria, Canary Islands, Sout of Spain




Like 0        Published at 15:06   Comments (6)

Legal tip 1091. Thinking of claiming against the Spanish airline?
07 January 2014

Today´s very short legal tip:

If you travelled and stayed in Spain during your holidays and suffered any damage arised from the activity of the Spanish Airline ( delay, lost of luggage...), despite you being  a foreign traveller; your hotel, hostal, rented apartment in Spain will be used as the conection point to ascertain your jurisdiction.

Therefore if, staying in Tarifa, for instance, Courts to decide on your claim are Commercial Courts of Cadiz ( Spain) Province.

Was it useful?

Best for 2014!


Legal advice

"Dos Mares" (Hotel), Tarifa, cadiz, South western Spain, by Antonio Guerra, at


Like 0        Published at 16:07   Comments (0)

R-egal-o tip 1090. These artists of my street..
05 January 2014

In this Festivity of the Three Wise Men, where we are all invited to love and dream, they have created this awesome video I wanted to share with you today.

Dream... Believe


Legal advice

Navidad en la región de Andalucía Oriental, Andalussia, South of Spain, by Plataforma por Andalucía, at

Like 0        Published at 14:11   Comments (0)

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