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El blog de Maria

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

Legal tip 1128. 48 Appeal Court Decissions against Banks
26 March 2014

Already 48 now. Which states clear liabilities by financial entities ( client not having individual ceretificate of Guarantee) in regards to advanced amounts in off plan purchases.

Congrats to great pro-consumers judiciary!

Will keep on!


Costa Luz Left

Sunset in Ávila, North western Madrid, Spain, at

Like 1        Published at 16:23   Comments (9)

Legal tip 1127. NEW! Supreme Court and publicity on completion dates
24 March 2014

Room number 1 of the Supreme Court, dated 18th of February 2014

Legal Foundation Number 2

" .... taking into account the legal and judicial doctrine about publicity being part of the contract. This is expressed in Court Decissions of 29th of September 2004, 15th of March 2010 and 28th of February 2013"

" This Courtroom has reiteratedly stated on effects of publicity for the determination of contract object, Court decission dated 7th of November 1984 says as follows: " publicity on an object, specially if it is still non existent, is an essential part of the contract. This is what doctrine has proclaimed in provision 8 of Consumer Act 26/84"

" Supreme Court decission dated 3rd of July 1993 declares " developer has an exclusive obligation about finishing the work according to building specifications which has been publicly offered to future buyers, according to provisions 1096, 1256 and 1258 of the Civil Code and Provision 8 of 1984 Consumers Act.

Great Court Decission. Frameable!

Costa Luz Left

Somanieza, Cantabria, North of Spain, at




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Legal tip 1126. Timeshare rights in Spain till 2012
18 March 2014

Check this out this guide below if you have a timeshare contract in a Spanish development signed before  18th of March, 2012

We will be pleased to answer your questions



Costa Luz Left

Vejer de la Frontera, Cadiz, Costa de la Luz, South western Spain, by Manuel Acebedo, at




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Legal tip 1125. Business Schools and Human Rights
17 March 2014

Terms of our today´s blog post sound to us as diametrically oppossing: that is the only reason we are suffering this economic and financial hangovers. That is what I first-thought this morning when I read this headline by Ken Mac Phail at The Times 

End of article says as follows:

"Outside business schools, the idea that business has a responsibility for human rights is beginning to take hold. Research suggests that taking greater responsibility for human rights is gaining traction at board level across a wide range of sectors and continents. Having gained at least some broad consensus on the principle, interest is now shifting towards what it might actually mean in practice.

Business schools need to engage with the human rights agenda and with the new role for business in society. If they do not, then not only will they bear some of the blame for the failure to address business complicity in human rights abuses, they will look increasingly out of touch and will have failed in their social responsibility to innovate new business forms and regulatory mechanisms that address the moral and environmental challenges defining our times.

Business schools have an opportunity to lead the thinking in this brave new world, but to achieve this they will need to change what is taught in the classroom"

The author is professor of social and ethical accounting at La Trobe Business School.

100% agree

See Below, CostaluzLawyers manifesto on principles and values for company management: Do you like them?

Costa Luz Left

Tarifa, Cadiz, Costa de la Luz, South western Spain, at




Like 1        Published at 11:12   Comments (0)

Legal tip 1124. Expenses when selling property in Spain
14 March 2014

- Income tax: 18% on the profit from the sale of your house ( difference between buying and selling price)

    The day of deeds signing at the Notary you will receive all sale price less a 3%. This 3% will be paid directly by the buyer to the Spanish Treasure. 

     You will be required to pay the remaining amount of the 18% on the profit by request of the Treasure office.

    If the 18% on the profit works out to be less than the 3% on the full amount, it  is better to have your lawyer applying to  to pay the 18% and then he can claim back the 3% already paid and just pay the lesser amount of 18%.

    There is one month after deeds signing to make this application

- Plusvalia: Local tax on income. You can read on this in this article of our blog: What is plusvalia tax?
- Notary expenses ( less one copy of the same which is paid by the buyer)
- Energy Efficiency Certificate ( cannot avoid to recommend a brother of mine for this! ;)

Costa Luz Left

Arcos de la Frontera, Cadiz, South of Spain, at

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Legal tip 1123. NEW! Galicia Court declares nullity of contract due to undetermined completion date
13 March 2014

I wish other Appeal Courts-- Murcia for instance-- were same Consumer oriented on this important matter.

Recently, on the 21st of February, Vigo Appeal Court has declared that lack of specification of delivery date brings nullity to an off plan contract. So well founded and argumented!

The Vigo Court Decision is also interesting as it denounces how Supreme Court just applies Civil Code ( with no application of Consumers Law) in a related case.

Congratulations Vigo! I am sure Europe likes this Court Decission

Costa Luz Left

Castro Caldelas, Orense, Galice, North western Spain, by J.A. Alcaide, at


Like 0        Published at 20:25   Comments (1)

Legal tip 1122. Steps for Floor Clause removing
10 March 2014

1) Negotiation with your own Bank branch. Better is assisted by a lawyer/legal advisor. There are very low chances that you get floor clause removing/ refund of undue payments at this stage

2) Complain to Customer Service Bank. You need to discuss on lack of transparency and lack of reciprocity. Revise it under the criteria of Law 41/ 2007

3) After two months, if claim has not be responded by Customers Service ( 2 months wait), you need to decide to either go to Bank of Spain or Judicial Courts. 

Costa Luz Left

La calle de Juan, Granada, South eastern Spain, by Rosa Fernandez Rz, at

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Legal tip 1121. Widows, Inheritance and Taxes in Spain
03 March 2014

Some related useful stuff:

Legal tip 944. IHT on my usufruct as a widow

Legal tip 451. UK-Spain Probate Cases V






Costa Luz Left

The Royal Andalusian School of Equestrian Art, Jerez, Cádiz, South western Spain, at

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Legal tip 1120. Community of Owners and access to accounts
03 March 2014

Accounts of the Community of Owners are actually that, of the Community, belongs to the community. Administrator, President, Secretary just have faculties ( granted by you, by the way) for these to be produced, administrated and kept to be of your use.


If you want to access invoices or accounts documentation you need to approach the Administrator. 


If you need data and documents in regards to matters discussed in metings, documents on change of statutes or any extra-fee being approved, you need to ask the Secretary, who can be same or different person as Admnistrator. 


According to provision 20 of the Horizontal Property Act, administrator has the legal and professional duty of making all Accounts Documents of the community available to you.


Ask for them in written so you can keep proof of this request.


All minutes of every meeting of Comunity of Owners muct be kept safe by Adminiostrator for a period of 5 years, after which, they can be destroyed.


Costa Luz Left

Baelo Claudia, Bolonia, Tarifa, Cadiz, Costa de la Luz, South western Spain, at


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R-egal-o tip 1119. Paco de Lucía and Algeciras
03 March 2014

Paco de Lucia was born in Algeciras. Where CostaLuz started and it is located. Where some of its professional members were born and live too.

Our personal tribute to this artist and professional for his creativity, personality, pureness and sense of risponsability.

Nothing is enough





I have enjoyed reading this post by Bob the Flipsidere here in EyeonSpain as it tells about Paco de Lucía as a bridging and sharing person. That´s what we try at CostaLuz too! And it is true there are very deep raw emotions in Spanish hearts, but we are willing to share it out.

Costa Luz Left

Algo no me "encuadra", Algeciras, Cadiz, South of Spain, by migossan, at

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