Civil Law
Civil law articulates the regulatory framework that governs coexistence between individuals in society. It is an expression of the collective will, translated into principles that govern private life. Through its provisions, a balance is struck between freedom and responsibility, between autonomy and connection. In essence, it seeks to harmonise human relations under the banner of justice.
Civil Law and the Law of Obligations
Accidents of Autonomous Vehicles Due to Road Defects
The introduction of vehicles equipped with autonomous driving systems raises new questions regarding civil and administrative liability. When a vehicle guided by artificial intelligence is involved in an accident caused by a pothole or road deformation, the issue arises as to whether responsibility lies with the AI system, the vehicle owner, or the public authority responsible for the road.
Although these vehicles can detect irregularities, the visibility of the defect does not make the road safe. Deformations in the asphalt remain an objective deficiency in infrastructure intended for motor traffic, and artificial intelligence cannot be expected to compensate for structural failures that exceed normal circulation risks.
Therefore, when the road surface shows significant deterioration, the accident cannot be attributed solely to the autonomous system. The presence of the irregularity reveals an abnormal functioning of the public road maintenance service attributable to the responsible authority.
Rectification of registry entries due to inaccuracy in the succession title
14/02/26
The rectification of registered ownership due to inaccuracy in the succession title is appropriate when the current entry is based on an erroneous succession document that has subsequently been rendered void by a final judicial decision, even when such decision originates from another Member State of the European Union. Pursuant to Article 40 of the Spanish Mortgage Act, the registrar may rectify the entry if provided with a sufficient title that proves the true legal situation, without the need for an additional Spanish judicial decision ordering the cancellation of the previous entry. This criterion is reinforced by the mortgage principles of successive tract, application upon request, and sufficiency of title, as well as by the direct application of Regulations (EU) 1215/2012 and 2020/1784, which allow the recognition and effectiveness in Spain of final judicial decisions issued in other Member States without the need for homologation. All of this ensures legal certainty and the effectiveness of the registry system, preserving coherence between the legal reality and the information made public in the registry.
Sale Agreement
A sale is a contract whose purpose is the transfer of ownership of an item or the transfer of another right in exchange for a price. It is a contract governed by Articles 1445 to 1537 of the Civil Code. The seller must guarantee that the goods sold are free from hidden defects (Article 1484 of the Civil Code) and eviction (Article 1475 of the Civil Code), i.e. that the goods sold cannot be claimed by others. The warranty against eviction serves to protect the buyer against any "legal defects" unknown at the time of conclusion of the contract that limit the enjoyment of the right or the goods. With the warranty against defects, the seller guarantees that the goods are free from material defects that would prevent them from being used for their intended purpose.
Tacit Acceptance of Inheritance and Its Legal Effects
13/02/26
Tacit acceptance of an inheritance occurs when the heir performs acts that clearly reveal an unequivocal intention to assume the status of heir, particularly when disposing of the deceased's private assets or funds, in accordance with Article 999 of the Civil Code and the established doctrine of the Supreme Court. In such cases, any subsequent renunciation is ineffective for tax purposes, since the Administration may consider that acceptance has already taken place, allowing the inclusion in the estate of those assets over which acts of disposal without consideration have been carried out, as well as the application of the presumption of ownership set out in Article 11 of Law 29/1987 on Inheritance and Gift Tax, unless proven otherwise. Nevertheless, any sanctioning action must be duly reasoned, especially regarding the subjective element of culpability, in order to guarantee the principle of responsibility and the fundamental right to effective judicial protection recognised in Article 24 of the Constitution.
Civil and Family Law
The firm operates in the field of family law, both nationally and internationally, with extensive experience in matters of custody, juvenile law, separation, divorce, deliberation, and marriage annulment before civil courts.
Civil Law: The World's Most Widespread Legal Tradition
Civil law is the most widespread legal system in the world. It is based on written codes and codified laws, providing security and uniformity in the application of rules. Its roots go back to Roman Law, giving it more than a thousand years of legal tradition. Today, it remains the foundation of legal systems across Europe, Latin America, and much of Asia and Africa.
Private International Law and Jurisdiction
Lack of jurisdiction of Spanish courts
The jurisdiction rule in Article 7 of Regulation 1215/2012 is based on a simple idea: a company may be sued in the country where it has an establishment only if the dispute is directly connected to the actual activities of that establishment. This means that there must be a genuine and close link between the legal dispute and the establishment's operations, so that its mere physical presence is not sufficient to choose a more favourable court. Consequently, this rule is interpreted strictly and narrowly, and applied only to cases in which the establishment was genuinely involved in the legal relationship, in order to ensure a more coherent, accessible, and efficient administration of justice.
The jurisdiction of Spanish courts in disputes with international elements
19/01/26
In cross‑border legal disputes, it is essential to determine whether Spanish courts have jurisdiction. When a party, the facts, or a company's registered office is located abroad — for example, in the Netherlands — the first question is whether Spain is the correct forum.
The analysis must begin with international jurisdiction, which is governed by mandatory rules such as EU regulations or national law. The parties cannot freely choose the country in which to litigate. If these rules do not assign jurisdiction to Spain, Spanish courts cannot hear the case.
Only after confirming Spain's jurisdiction should one determine subject‑matter jurisdiction, identifying which Spanish court is competent. Courts of First Instance generally handle civil matters, while Commercial Courts deal with business‑related disputes. Skipping the jurisdictional analysis may lead to nullity and wasted resources, so the process must follow a strict and logical order.
Tourism Contracts and Consumer Protection
Timeshare contracts, long-term holiday products, and resale and exchange contracts.
Under Law 4/2012, timeshare purchasers have the right to withdraw from the contract within 14 days without penalty, are not required to make any advance payments within that period, may choose the language of the contract and information brochure, and, in the case of linked credit, this is automatically cancelled if the right of withdrawal is exercised.
Economic Regulation and Legal Restrictions
Cash payment limit in Spain
In Spain, the limit for cash payments is €1,000 when a professional or company is involved. For individuals who are not tax residents, the limit rises to €10,000. Exceeding these amounts may result in penalties of up to 25% of the amount paid. This legislation aims to strengthen tax control and prevent fraud.