David Lorenzo

Positive signs to invest in real estate in Spain

by David Lorenzo November 14, 2013 Conveyancing

Five reasons to invest in real estate in Spain After more than five years of crisis, uncertainty about when to recover the brick industry has given way to a widespread optimism, thanks largely to the closure of operations of foreign investors. “It has opened a new stage in the Spanish property market. In recent months, […]

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Bank condemned in Spain for failing to avoid a fraudulent transfer

by David Lorenzo October 24, 2013 Banking

Bank condemned for failing to avoid a fraudulent transfer given without the permission of their client. The Provincial Court of Palma has sentenced a bank for failing to prevent a transfer that was fraudulently from a customer’s account, from which they were transferred 9,000 euros without the consent of the owner, disapproving they  had not […]

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European Order for Payment Procedure

by David Lorenzo October 1, 2013 Business

EUROPEAN ORDER FOR PAYMENT PROCEDURE Regulation (EC) No 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure. The regulation, which will apply from 2008, establishes a European procedure for orders for payment. The procedure simplifies, speeds up and reduces the costs of litigation in cross-border cases […]

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RESTRICTIONS TO DISPOSE BY WILL IN SPAIN

by David Lorenzo September 14, 2013 Estate Planning

Reserved portion or “Legitima” The reserved portion or “Legitima” restricts the freedom to dispose of one’s estate in the form of a will and it’s determined either by the Civil Code or by the laws of the autonomous community some cases. In this Article we will speak about the Civil Code Regulation. According to it […]

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Legal View of Asbestos in Spain

by David Lorenzo September 11, 2013 Accident Claims Law

All types of asbestos cause cancer in humans. The problem with this disease is that it takes years to develop, so that although the presence of asbestos is reduced or eliminated, cases are now referring to the relationship with asbestos many years ago. In Spain the use of this material was limited in 1984 and […]

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Common marital regime in Spanish Law

by David Lorenzo August 28, 2013 Divorce

Common Marital Regime in Spanish law In the common marital regime in Spanish Law the husband and wife gains or profits from any of them, will be allocated by half to dissolve. The common marital regime will begin at the time of the marriage or subsequently agreed upon at the time of capitulation. Common goods […]

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The Exequatur Procedure Under Spanish Law

by David Lorenzo August 27, 2013 Blawg

THE EXEQUATUR PROCEDURE UNDER SPANISH LAW It is a special process that aims to recognize the validity of a judgment of a foreign court and therefore allow them to run in a different State. According to the Spanish Law requires: May so provide international treaties                                      . In the event that there is no International treaty […]

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Inheritance Tax in Spain

by David Lorenzo August 9, 2013 Blawg

THE INHERITANCE TAX IN SPAIN  The inheritance tax levied on capital gains obtained through inheritance by individuals. Let’s analyze the general scheme. In some Autonomous Regions  there is much more favorable tax regime (inherit is much cheaper) than in the rest of Spain. The criterion for the application of this scheme is the residence of […]

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Bankruptcy by inheriting a property?

by David Lorenzo August 1, 2013 Estate Planning

(Spanish Law) Could it be possible to get Bankruptcy by inheriting a property? Yes. Weeks ago some news shocked everyone in the newspapers of Spain, an old woman from Jaén, after losing her daughter by her partner, was obliged to pay the debts of both, having accepted the inheritance of his daughter and ignoring or may […]

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Inheritance in the absence of a will in Spain

by David Lorenzo July 30, 2013 Law

INHERITANCE IN THE ABSENCE OF A WILL IN SPAIN In Spain, when there is no will, the Civil Code determines the principles to respond the question, who inherits? Applying to the various possible situations:  If the deceased was unmarried and had no children, the parents inherit. If there are no parents, the siblings; if there are […]

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