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.

Healthcare Civil Liability for Treatment Interruption

30/03/26 

Civil liability for the interruption of healthcare services arises when a provider fails to ensure continuity of treatment, generating compensable harm for the patient. Under Article 76 of the Insurance Contract Act, the injured party may bring a direct action against the insurer of the responsible healthcare provider. The legal framework treats healthcare provision as a successive services contract, which creates a continuous obligation: the provider must not only perform the treatment correctly but also guarantee its uninterrupted continuation. When a clinic ceases activity abruptly without offering alternatives, this constitutes a negligent omission known as organizational malpractice, distinct from technical or professional error.

Professional liability insurance covers damages resulting from both technical negligence and organizational deficiencies that affect patient care. The insurer cannot exclude coverage by characterizing the closure as an external business risk, because the harm suffered—bodily, functional, and temporally limited—falls within the insured healthcare activity.

Strict Liability and Victim Fault in Animal‑Caused Damage

30/03/26

Civil liability for damage caused by animals in Spain is governed by Article 1905 of the Civil Code, which establishes a system of strict liability for the possessor or keeper of the animal. Under this rule, the owner is responsible for the harm caused, regardless of fault, unless the damage results exclusively from force majeure or from the victim's own conduct in a way that breaks the causal chain. The legal analysis therefore focuses on whether the keeper complied with the duties of custody, vigilance and control, including measures required by administrative regulations such as leashes or muzzles. Courts assess whether the lack of such precautions is the determining cause of the injury. The victim's behaviour may reduce liability only when it constitutes an efficient and decisive cause of the harm, a threshold interpreted restrictively to preserve the protective purpose of Article 1905. This framework ensures that liability remains primarily linked to the risk inherent in keeping an animal.

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.

Banks and Cyberfrauds: Total Consumer Protection

The surge in financial cyberattacks, such as phishing, smishing, and vishing, has tested consumer trust in digital banking. The Supreme Court (STS 571/2025) marked a milestone by confirming the quasi-objective liability of banks, ensuring that users affected by online fraud can recover their funds safely and quickly.

Thanks to the transposition of the PSD2 Directive, financial institutions assume the risk of unauthorized transactions, strengthening consumer protection against involuntary losses. The ruling clarifies that only gross negligence or intentional misconduct by the user can exempt the bank from refunding the money, while minor carelessness or accidental clicks are insufficient.

This approach not only enhances digital security in banking but also incentivizes banks to implement advanced fraud prevention protocols, such as suspicious activity detection systems and reinforced authentication. For consumers, it represents a tangible boost in confidence in online banking, ensuring that their funds are protected even against sophisticated cyberattacks.
In a world where cyberattacks are constantly increasing, the doctrine of STS 571/2025 consolidates itself as an essential reference point to protect your money and financial information.

Prescription and Neighboring‑Property Leak Damage

10/04/26

The determination of the dies a quo in tort actions arising from damage caused by construction works on an adjoining property requires identifying the moment when the injured party acquires effective, complete, and technically grounded knowledge of the damage and its cause. Pursuant to Article 1902 of the Spanish Civil Code, the obligation to compensate arises when there is a causal link between the agent's conduct and the harm suffered; however, for the computation of the limitation period, Articles 1968(2) and 1969 CC must be applied, as they condition the start of the period on the real possibility of exercising the action.

Case law distinguishes between continuing damage and permanent damage. In the former, the harm develops progressively and its etiology is not immediately accessible, so the limitation period does not begin until the affected party obtains an expert report that clarifies the cause with sufficient technical rigor. In permanent damage, by contrast, the harm occurs instantly and the computation begins when the injured party can reasonably become aware of it.

Based on these criteria, the action is not considered time‑barred when it is brought in the same year in which the technical report revealing the origin of the filtrations is obtained. This allows the attribution of liability to the neighbour responsible and the corresponding duty to repair and compensate, in accordance with the general regime of Article 1902 CC.

Consumer Protection against Abusive Terms in Mortgage Loans under Directive 93/13/EEC

11/04/26

European consumer law requires strong protection against abusive terms in mortgage contracts. Article 6(1) of Directive 93/13/EEC states that abusive clauses "shall not be binding on the consumer," meaning that once declared void, they must be treated as if they never existed and cannot produce legal effects. This protection is reinforced by the case law interpreting the Directive, which ensures that the contract remains valid without the abusive term and that the consumer suffers no disadvantage from its inclusion. Procedurally, courts apply the principles of the Directive to consider each contractual clause as an independent object of review, so the nullity of one clause does not prevent later challenges to another within the same contract. When a clause is declared abusive, the Directive requires restoring the consumer to the position they would have been in had the clause not been included, which entails refunding all amounts paid under that clause.