Categories: Litigation in Spain

Responsibilities deadlines on constructions of properties in Spain

Regarding the query about the responsibility of the promoter after the constructions of a property in Spain, please kindly be informed, in general terms, what the Spanish Regulations states. Our English speaking law firm in Marbella refers to the so known Ley 28/1999 de 5 Noviembre de Ordenación de la Edificación: – Without prejudice to
  • Wim Lamers
  • Abogado Urbanístico en Marbella, Abogados Costa del Sol, Abogados en Marbella, Despacho de abogados Español,
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Regulation of contracts at the Spanish Civil Code

The Spanish Civil Code, in its articles 1254 et seq., states that the contract exists since one or more persons agree to force, to any service or to give something. The parties may agree on the conditions that they consider applicable, always when they are not contrary to the law, morality or public order. In
  • Wim Lamers
  • Abogados Costa del Sol, Abogados en Marbella, Abogados Españoles, Despacho de abogados Español,
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Community of property owners in Spain. Regime of private real estate developments (art. 24 Horizontal Property Act)  

  This blog came from a query made by a client, a homeowner who is part of a Spanish community of owners, with the particularity that each house has small garden plot and relief. At the last Annual General Meeting was agreed that the Community of owners may carry out maintenance works and repair of
  • Wim Lamers
  • Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,
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Appeal to the agreements of the community of owners in Spain

Appeal to the decisions taken at the meeting of a community of owners in Span. In the event that you consider that your interests could be injured, you should be aware that you can present an appeal against an agreement adopted in the Board of proprietors of the Community, provided that the following circumstances appear:
  • Wim Lamers
  • Law in Spain, Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella,
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Possibility to examine the accountancy submitted voluntarily by the taxpayer in the limited control procedure in Spain

Is your company being subject of a limited control procedure of Spanish Inland Revenue? Then take into account the following aspects:   In general, the Tax Office in Spain may not examine the accountancy of a trade company by means of a limited control procedure.   Now, the new version (modification paragraph 2.c) of article
  • Wim Lamers
  • Accountant in Spain, Law in Spain, Lawyers in Marbella, Start a company in Spain,
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The liabilities and legal actions against Directors of a Spanish S.L. Company

 Article 241 bis of the Spanish Companies Law (Ley de Sociedades de Capital ) states  that the action of liability against directos and or administrators, social or individual action, expires in four years from the day that would have been able to be exercised. Such action, when a damage caused by acts or omissions contrary
  • Wim Lamers
  • Law in Spain, Lawyer in Spain, Lawyers Costa del Sol, Lawyers in Marbella, Start a company in Spain,
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The minimum interest rate charged on a mortgage in Spain  (Cláusula suelo)

Below we briefly and simply explain everything concerning the minimum interest rate charge on a mortgage in Spain. The so known “Cláusula suelo” The so known “Cláusula suelo”, in relation with the mortgage loan and the property purchase by mortgage, is a contractual clause stipulating a minimum payable to the bank although the ordinary interest
  • Wim Lamers
  • Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella, Spanish law firm,
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Changes in the law which rules the guarantees for payments on account of the price during the construction of a property in Spain

(Please check our blog “Insurance for payments on account at the time of the purchase of a property in Spain”) Law 20/2015, of July 14, management, supervision and solvency of insurers and reinsurers, has amended the Law Construction Planning in relation to the rights of individuals in the anticipated amounts paid on account during the
  • Wim Lamers
  • Law in Spain, Lawyer in Spain, Lawyers in Marbella, Property Lawyer in Marbella,
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Interview with José Manuel Cerviño Sosa at Canal Sur Radio on the topic of rentals in Spain

English speaking Spanish Lawyer of the team of law firm Arcos & Lamers Asociados in Marbella. – There are some essential topics in the rental-housing act in Spain, although more related to long-term rentals than seasonal rentals. What are the most frequent asked questions in relation to tenancy?  At the office, we get to deal
  • admin
  • interview, José Manuel Cerviño, Marbella Economist, Property Lawyer in Marbella, rental-housing act in Spain,
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Revocation of a power of attorney in Spain

A Spanish power of attorney is a document that is granted before a public notary, whereby the grantor, whether an individual or a company, authorizes another person to act on its behalf by granting general faculties to act as its representative, or by a special power to conduct a specific transaction. In order to act
  • Wim Lamers
  • Lawyers Costa del Sol, Lawyers in Marbella, Legal Advice Costa del Sol, Property Lawyer in Marbella,
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