In recent modifications, the law has attributed to the Resident’s Associations of the Horizontal Property Law certain attributions that can affect the right of possession of the owners who are members of above mentioned Association. The ownership of houses regulated by the Horizontal Property Law is a sort of ownership where to the individual right of ownership of each of…
The possibility that the owner of a piece of land that signs a execution works contract may desist from it, whether the construction have started or not, it is a faculty that the Law recognizes, although it solidifies or links certain effects or consequences that we are going to study briefly in this article. The article 1594 of the Civil…
We have in several articles reiterated previously the change of criterion adopted by the Supreme Court in relation to the right of those who have experienced a situation of custody to be compensated in cases of not guilty plea or in cases of dismissal. We have already pointed out that compared to the previous criterion that now exists, the Supreme…
It is recognized that if there is a science with great advances over the last few years, it is medicine. The knowledge is such that every day the patient has more and more certainty as to the effective and positive outcome of the health care he or she receives. Nevertheless, medical activity is not an activity of result, and its…
The Magistrate’s court (Juzgado de Instrucción) no 1 of Benidorm in the criminal pre-trial proceedings no 4391/22014 has dismissed the criminal actions for misappropriation, fraud and insolvency offence, which for three years have been in process against two of our customers, of German and Austrian nationality, of this criminal specialist law firm of Carlos Baño León in Alicante. The proceedings…
One of the biggest concerns a buyer of a new home may have is the risk that damage may appear on it after a while and not having the security of protection when the people who intervened in the construction may have disappeared. Precisely as a result of the doctrine of the Supreme Court and of the legislator’s protection to…
Hidden Defects in Property Purchase What happens if, after acquiring a property, significant defects are discovered that, if known earlier, would have led you to avoid the purchase or negotiate a substantial price reduction? These are known as hidden defects. These are significant defects, not merely finishing flaws It is not uncommon for hidden defects to appear within six months…
This is one of the most frequently asked questions by property owners since it is an issue for them; the fact of facing this inappropiate situation, in which a tenant owes him rent and also the landlord is required to go to court and bear some costs that although he may later recover for now he must advance them. The current…
Common Property Division Co-ownership or condominium, as a situation where multiple people share ownership of a real estate property, is regulated in our Civil Code with key provisions. This general regulation does not exclude other specific ones, such as those provided in the Horizontal Property Law, which addresses situations like homeowners’ associations in buildings. Typically, the origin of this shared…
