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.
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.
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.
Lack of jurisdiction of Spanish courts.
Die Zuständigkeitsregel des Artikels 7 Absatz 5 der Verordnung 1215/2012 beruht auf einer einfachen Idee: Ein Unternehmen kann in dem Land verklagt werden, in dem es eine Niederlassung hat, nur wenn der Streitfall unmittelbar mit der tatsächlichen Tätigkeit dieser Niederlassung zusammenhängt. Das bedeutet, dass ein echter und enger Zusammenhang zwischen dem Rechtsstreit und der Tätigkeit der Niederlassung bestehen muss, sodass ihre bloße physische Präsenz nicht ausreicht, um ein günstigeres Gericht auszuwählen. Daher wird diese Regel streng und eng ausgelegt und nur auf Fälle angewandt, in denen die Niederlassung tatsächlich an der Rechtsbeziehung beteiligt war, um eine kohärentere, zugänglichere und effizientere Rechtspflege zu gewährleisten.
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.
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.
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.
The jurisdiction of Spanish courts in disputes with international elements
In contemporary legal disputes, it is common for elements from different countries to be involved, making it necessary to correctly determine which courts have jurisdiction over the matter. When one of the parties, the place where the facts occurred, or a company's registered office is located in another State — for example, in the Netherlands — a fundamental question arises: whether the Spanish courts have jurisdiction to resolve the dispute.
The first step must always be to analyse international judicial jurisdiction. This analysis makes it possible to determine whether the dispute should be resolved in Spain or in the foreign State connected to the case. The parties cannot freely choose the country in which they wish to litigate, as jurisdiction is established by mandatory legal rules, such as European Union regulations or national legislation. If those rules do not confer jurisdiction on Spain, Spanish courts cannot hear the case.
Once Spain's international jurisdiction has been confirmed, the next step is to determine subject-matter jurisdiction, that is, which type of Spanish court is competent to hear the case according to its nature. As a general rule, the Courts of First Instance hear civil matters, while the Commercial Courts deal with specific business-related disputes. The Provincial Courts usually act as appellate courts.
Initiating proceedings without first verifying international jurisdiction may result in the nullity of the proceedings, with the consequent loss of time and resources. For this reason, the analysis of jurisdiction must follow a logical and rigorous order, thereby ensuring legal certainty and the proper functioning of the judicial system.