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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 1158. A secreto, I love....
28 May 2014

this guy´s stuff:

Robin Sharma

Love it!

Maria

Costa Luz Left

"Primavera Retrobada", Granyanella, Lérida, North western Spain, by Xavier, at flickr.com



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Legal tip 1157. Martinez Echevarria provided all documents
28 May 2014

Good day. After all these years.

Martinez Echevarria has finally  provided all requested documents!

Ahead with the corresponding actions

Cheers

Maria

Costa Luz Left

Ibiza 2008 Fuegos artificiales - Elvissa, Ibiza, Eastern Spain, by Jose Ramon, at flickr.com

 



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Legal post 1156. New Spain Traffic Law 2014
28 May 2014

A quick review of main points:

1. Radar Detectors: Prohibition on the use of radar detectors and safety cameras (200 euro fine and 3 points loss in the driving license).

2. Children: It is prohibited for children under 1.35 meters tall to go in the front seat unless all seats are occupied. Agents may immobilize the vehicle if the minor is not seat on his restraint seat.

3. Cyclists : Drivers and , if necessary , the occupants of bikes and cycles are generally required to use the helmet in local, toll roads and crossings in the assumptions and with the conditions prescribed by regulation . Thus use of helmet is always mandatory for children under sixteen, and also for those moving on interurban roads

Agents may not immobilize the bike to comply with this requirement. Cyclists may move below the minimum speed set, fixed at 50 % of the ceiling.

4. Speed: Annex IV is updated, so that “sanctioning and deduction of points schemes are extended so that they will cover changes in speed limits, both at upper and lower limits “

It is expected to have a precise limit increase to 130 km / h on motorways.

Two columns, one for lower speeds than those of first column, and another one for higher speeds than those of the last one are added. 20km/h and 30 km/h for cities will be used.

Also, it is expected that, for conventional roads, maximum speed is 90 km / h (or 70 km / h), depending on the width of the lane and not on the arcen as before.

5 .Fining: Agents who regulate traffic circulation may fine without stopping the driver, when the complainant agent is performing surveillance and traffic control and lacks the means to proceed with the prosecution of the vehicle.

6. Paying fines: Term extended to  20 days for paying fines with 50 % discount

7. Foreign Drivers : Foreign drivers residing or  having a commercial establishment in Spain will be required to register  in Spain the vehicles used in the territory . Those who drive a vehicle from another EU country may be fined if they commit any offense.

8 .Alcohol and drugs:  For driving under the influence of alcohol fine will be 500 euros. If the allowed rate doubles, or is a repeat offender,  fine will be of a thousand euros. It prohibits driving with the presence of illegal drugs in the body , except those used by prescription and for therapeutic purposes (eg methadone) . Driving e under drugs effects will be fined with 1,000 euros.

9. Environment protection: Traffic authorities  may close certain motor vehicles for environmental reasons , both on the streets and crossings and inter-city roads , after the Ministry of Agriculture, Food and Environment  dictates the relevant instruction.

10. Cranes coming to perform roadside assistance will have the right of . Priority vehicles ( such as ambulances )  will use a blue . If an accident happens in a hunting plot, it will be the driver who is responsible for the abuse of animals, not the owners of the animals.

Costa Luz Left

Radial under "Viaducto over Arroyo de Pantueña", Madrid, Spain, by jacinta lluch valero, at flickr.com



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Legal tip 1155. Spain Summit 2014
27 May 2014

Both UK ( in Spain) and Spain ( in UK) Chambers of Commerce involved...

The Spain Summit 2014

06|03|2014 to 06|03|2014

28014, MADRID , SPAIN
Place:
Casino de Madrid
Address:
Calle de Alcalá, 15
Telephone:
+44 (0) 20 7576 8118
e-mail:
emeaevents@economist.com

 

The Spain Summit 2014

The Economist Events’ Spain Summit will bring together Spain’s public and private sectors along with international business leaders and investors to address the immediate and future challenges for Spain’s economy.

Members of ICEX Spain Trade and Invest save 15% on summit price. Quote ISI/DC when registering.

Confirmed speakers include:

• Mariano Rajoy, President, Government of Spain 
• Cristóbal Montoro Romero, Minister of Finance, Government of Spain
• Alfredo Pérez Rubalcaba, Secretary General, PSOE
• Huw Pill, Chief European Economist, Goldman Sachs, former head of the Monetary Policy Stance Division, European Central Bank
• Maire Geoghegan-Quinn, Commissioner for Research, Innovation and Science, European Commission 
• Myles Bradshaw, Executive Vice President and Member of European Portfolio Committee, PIMCO
• Javier Perez Dolset, Chief Executive Officer and President, Zed Group

Visit: www.spainsummit.economist.com for full programme and speaker information.

Discover ways your business can benefit at this important summit and join us for a day of inspiring debate on Spain’s future.

 

 

Last updated: 26|05|2014

Related information

 

Costa Luz Left

The Casino of Madrid inside, Madrid, Spain, by Marc, at flickr.com



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Legal tip 1154. NEW! Won case against Bahía Casares and ASEFA
22 May 2014

Communicated today. Won case by Costaluz-DeCastro teams in Estepona Court against Bahía Casares Golf SL and ASEFA

The Insurance company tried to argue that action was expired, trying to apply Insurance Law. Judge accepted our reasonings on longer time limit as Law 57/68 is imperative and this and provision 1964 of the Civil Code are law applicable to the case.

Costa Luz Left

Panorama of Estepona, Malaga, South eastern Spain, by Magnus Akselvoll, at flickr.com



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Legal tip 1153. Village/Home for elderly in Spain. Costaluz´s involvement
20 May 2014

Would you move to an elderly village in Spain?

It is a project where CostaLuz Lawyers is going to be quite involved

The nature of the home and the village will be inspired by caring Christian principles with high profile professional ( Alzheimer expertised) people running the center with a passion for elderly. 

Would you join us?

There is a local Council in the area who is willing to welcome you. CostaLuz is providing all the guarantees.

Ideas?

Costa Luz Left

Castrillo de Polvazares (León), North western Madrid, Spain, at facebook.com



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Legal tip 1152. Timeshare out. Resources for Spain developments
19 May 2014

All contracts trading rights to use one or more real estate in Spain during a specific or specifiable period along the year in Spain are under Timeshare Act whatever place and date of contracting.

Time share rights are those which give to the holder the faculties for use and enjoyment of an independent dwelling, with exclusive character, for a specific period of time within the year.. It includes the necessary furniture for this use and the complementary services.

The Spanish regulation considers time-share as a type of seasonal rental. The holder of time-share rights does not acquire ownership rights but the right to use the property for a specific period of time. The duration of these rights is not indefinite; the developers of these type of complexes needs to specify the period for the enjoyment of these rights which will always need to be between 3-50 years. Ownership remains being the developers´.

Because ownership is of developer´s, this can sell ownership rights always with the limitations derived from the existence of other person´s use and enjoyment rights on the sold unit, which will remain for the contracted period.

Provision 1.4 of Law 42/1998 prohibited the denomination of those rights as “multiownership” or any other way containing the word “ownership”  “ owner” or “property”.

For this reason, any contract signed in Spain contained the word “ownership or property” (propiedad) is null and void and you have rights to the refund of money paid plus legal interests.

In Spain, the denomination that was finally chosen, as most appropriate, descriptive and loyal to Law is “derecho de aprovechamiento por turno”,which means “right to use and enjoyment  in shifts”

Publicity or promotion of these type of developments can never either contain the word “propiedad”(property or ownership)

Together with desisting from or cancelling the time share contract, possibilities that are subject to a shorter deadline, there is the possibility, initially sine die (without deadline) to apply for the nullity of the contract.

In what cases?

- When timeshare rights are transmitted disregarding the imperative Law which regulates them.

- When the transmission of time share rights are made before the scheme is actually constituted

- When there is a lack of veracity on information provided to the buyer.

The action for the refund of amounts linked to the nullity has a 15 years deadline.

There is numerous precedents in Spanish Courts for the nullity and refund of money if you were sold under the term ” propiedad”
(property)

The important issue of adaptation
From January 1999 any preexisting timeshare regime needs to adapt to this Law. If this has not happened, any holder of timeshare rights will be able to request a Judge to compel the developer to do so.

Adaptation will always require a Notary deed and proper registration in the Land Registry.

Adaptation will respect the nature of rights which were transmitted by virtue of the old private contract. If ownership was transmitted, this is what it will have to be registered after approval of simple majority of Community of owners.

All old contracts will have a time limit of 50 years unless parties have agreed otherwise or parties mutually or freely agree in the adaptation deed on a different definitive or non-definitive period.

If the owner of the development does not comply with the obligation of adapting the regime to this new regulation, the holder of timeshare rights will have rights to cancel the contract with effective devolution of amounts and compensation of damages.

New Law Governing TimeShare in Spain from 2012 is translated in a link below.

In our pratise, more of the cases are for those who hired timeshare rights before 1998 and that, after this Law coming into force, has not been adapted to these requirements. Consumers, in these cases, have a right for cancellation and refund.

If you are thinking about selling, buying or use your rights to cancel a timeshare contract, please contact us for more information.

2012 Timeshare Law in Spain

Costa Luz Left

Islas Cies, Vigo, Pontevedra, Galice, North western Spain, at facebook.com



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Legal tip 1151. NEW! Banco Popular defeated at Los Lagos de Santa Maria
16 May 2014

TODAY´s won case is....

against Banco Popular Hipotecario in Los Lagos de Santa María! blush

Have a great weekend!

Maria

Costa Luz Left

Los Lagos de Santa María, Málaga, South eastern Spain

 



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Legal tip 1150. All on easements in Spain
14 May 2014



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Legal tip 1149. Timeshare and frauds
14 May 2014

It seems the whole world around timeshare is "not advisable" in its entirety. Apologies as I do not know many english terms to name fraud actions and fraudulent people.

A client of mine contacted me today , expressing that a Consumers Association had contacted him  and have encouraged him to obtain a "certificate of cancellation" from the Timeshare company in order to have his rights cancelled. 

Cancellation of timeshare rights due to not adptation of the scheme to Spanish Law 42/98 ( applicable to all previously dated schemes) can happen by agreement, and that is great of course; this agreement would also entail rights to refund of all unduly paid amounts. If the timeshare product was linked to a Bank loan , you can even claim against the Bank, with the backup of recent Case Law.

But, if for any reason ( you can imagine many of them!) , the agreement with the Timeshare comnpany is not reached ( company cannot exist anymore) the fact that you duly and correctly acted your rights out ( I advise legal aid here), is enough for you to consider the contract cancelled and your maintenance obligations finished.

I can anticipate the maintenance company will chase up for payments for a period, and that will make you feel uncomfortable, even saying they will take you to Courts, but, that is precisely what they seek, so do not allow them to abuse and press and, if necessary, communicate it to Consumers Authorities in Spain.

No fears!

Costa Luz Left

Beach of Bolonia, Tarifa, Cadiz, South western Spain, at facebook.com

 

 

 

 



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Legal tip 1148- NEW! Two new victories against developers and guarantors
14 May 2014

Two new victories communicated to our clients  today:

1.- Against AGAINST PENINSULA PROJECT MANAGEMENT S.L. & GENERALI ESPAÑA S.A. DE SEGUROS Y REASEGUROS - PO 1546/2012-Sentence number 67/2014 from the First Instance Court No.14 in Granada.

2.- Against AGAINST HUMA MEDITERRANEO S.L. & BANCO POPULAR ESPAÑOL S.A. - PO 706/2012 -Sentence number 76/2014 from the First Instance Court No.4 in Murcia

Costa Luz Left

Bolonia, Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com



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Legal tip 1147. Name and Shame debtors? Worst of CostaLuz Lawyers Problems II
14 May 2014

Our answer after an EOS members saying his opinion on "name and shame"

Thanks Woodbug.

The root of the problem has been that Lawyers cannot close a final price from day one as it depends on Appeals, interests granted, applicable interest rates, partial or total unexpected settlements, interpretation of costs by Judge, related expenses and disbursements....

We alwways offered though a very clear information at the beginning of every case, even with the  official spreadshseet of minimum fees by the  Cadiz Bar Association ( which is not usual among Lawyers-- need to add!)and all the references for them to figure out at every step how much was fees were involved. If they asked, we always answered on potential final fees, according to estimations.

  At the beginning, there were cases where we committed to not ask for provision of funds at the Appeal level ( and even at Supreme Court) if we had to deffend a case lost by ourselves but of course we never offered a NO WIN NO FEE, never compromised the final fee we are due for long years of work, communications, phone calls, emails, translations, advising.... It is just recently that for a short period of time and EOS members and old CLL clients, we are offering NO WIN NO FEE for the Action against the Bank. It was never this way before. This is just a limited offer.

It is very hard to believe!, as some of these people where saved from payment of evn  600k €.-1.000.000€  which could have destroyed their financial lives. 

I am consulting with Barristers, Bar association and EOS people on this and will make a decission. The solution is possibly to post them on our website?

Costa Luz Left

Tarifa from Bolonia, Cádiz, Costa de la Luz, South western Spain, at facebook.com



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Legal tip 1146. WORST OF COSTALUZ LAWYERS´ PROBLEMS
12 May 2014

Guess what is it?

Clients not paying their final fees after years of representation, advise, communication, suggestions...

What should we do?

What do you advise?

Should I name them and shame them here? It is not my style but... believe me: I am totally determined to get those fees paid... They are long years of efforts of a big number of people: innovating, creating new strategies, doing our best for communication-- despite it is not easy in these long and uncertain processes-... We are not letting them go and will be using all legal and legitimate means to get what is due to us.

Of course, we will maintain legal information and assistance in the same mood we have performed along these years, mainly here in EyeonSpain but... we are going strong against these unfair and ungrateful clients. 

Maria

Costa Luz Left

Beach of Tarifa, Cadiz, Costa de la Luz, South western Spain, at facebook.com

 



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Legal tip 1145. Express company setup and Lawyers in Spain
09 May 2014

Lawyers in Spain will be authorised to have in their office, the required technology and apps  to act as  Entrepreneur Help Points  for the creation of new businesses.

 This is due to a recent agreement signed between  the Spanish General Council of Lawyers and the Ministry of Industry, Energy and Tourism. These points, located at Lawyers offices, will deal with:

- Information services

- Processing of documentation for the companies setup.

 - Advice on  legal framework , major commercial aspects , tax benefits, accounting

- Training and support to business finance.

- Information on state grants to business setup and information on the applicable social security scheme .

Costa Luz Left

The King´s island, Mahon port, Mallorca, North eastern Spain, at facebook.com

 



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Legal tip 1144. Bankia settles in Court for Bank´s liability of Law 57/68
07 May 2014

So great news for our client and for  CostaLuz and DeCastro

So wise for Bankia, who will save some interests and costs this way. It will also avoid being included in Public Compilation of Case Law .

Development: PROMILORCI

Action: Against Bank which received deposits. Provision 1.segundo of Law 57/68

Costa Luz Left

Una Puesta de Sol de Invierno en El Palmar....Vejer Costa !!!, El Palmar, Vejer, Cádiz, Costa de la Luz, South western Spain, by Manuel Acebedo. at flickr.com



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Legal tip 1143. Contract for Hotel Management in Spain
07 May 2014

 A Hotel management contract is an agreement between two parties:

(1) usually a hotel chain that brings experience in the sector and, which manages the hotel business and receives a fee for such management and

(2) the owner of the property, which is the owner of the business and receives the results of the management, taking the business risks.

Case Law understands that the hotel management contract requires close cooperation between the two parties described below in order to   achieve the common goal of getting more customers and profitability for the common benefit of both the manager and the owner.

 It is remarkable that this is a management contract, but at the same time, it requires cooperation between the parties.  Administration and finances are generally carried out by the owner while marketing is developer by the manager.

This particular way of working the business makes necessary that parties  leave pending some further negotiation between the parties and as a consequence it is a source of conflicts and disagreements:  budget , staff structure , staff training , advertising campaigns , advertising materials , inspection of markets , market opening , attendance to conferences , conventions and fairs.

Costa Luz Left

Hotel "Fuerte Conil", Conil, Cádiz, Costa de la Luz, South western Spain



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Legal tip 1142. New! Murcia Court and Supreme Court on Law 57/68
05 May 2014

A recent, very beautiful Court Decission by Murcia First Instance Court number Four, won by our teams ( CostaLuz & De Castro) which includes a whole list of Supreme Court Decissions ( since 1983 to 2013) making the pro-buyer, most right interpretation of Law 57/68, its rights and its spirit.

The Murcia decission talks about the legal character of the obligation of the Bank to suprevise the good functioning of the off plan related banking for the safety of the buyer.

30 years of Supreme Court doctrine should be enough for Banks to settle out of Court.

That would bring some of those buyers back to Spain! 

Costa Luz Left

Cartagena, Murcia, Eastern Spain, by Cesar Pics, at flickr.com



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Legal tip 1141. On all Floor Clauses of Spanish Banks
02 May 2014

Spanish Justice will decide in July whether floor clauses are preventively forbidden. Many bank entities could turn out affected.

Commercial Court number 11 from Madrid will decide about a collective appeal led by ADICAE against 101 bank entities about the floor clause. Floor clauses in all mortgage deeds could be provisionally suspended according to ADICAE purposes. The hearing will take place from 15 to 18 July and the court will decide if this measure is accepted: The decision could be extended to all Spanish mortgages affected by floor clause or only to ADICAE’s plaintiff members (around 15.000 people).

ADICAE defends that their appeal is based on the fact that many courts have declared the floor clause abusing and have decided to suspend it.

Source:

http://laeconomiadelosconsumidores.adicae.net/index.php?articulo=2090

Costa Luz Left

Alcaraz, Albacete, South eastern Madrid, Spain, at facebook.com



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