Until today in Spain it wasn’t usual to obtain a compensation for having been on pretrial detention despite having obtained an acquittal in a trial. In these cases, the Law only recognized this right to be compensated in the event that an acquittal had been obtained for proving the innocence of the person, that is, after being proved that the crime…
What happens if in a newly acquired property appear structural damages of such magnitude that in the event of having known that, the house would have not been bought or would have had an evident discount on the purchase price? These are the so-called hidden faults. This is about deal with significant damage and not with so-called defects in the…
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…
A major issue and object of numerous legal claims in Spain has been the existing legal regulation in relation to the obligation of the Developers to guarantee the amounts they charged in advance at the time of carrying out a purchase of a dwelling in Spain, off-plan or under construction. This regulation has been modified by the Law 20/2015 of…
Can the demolition of a residential area of 52 houses be produced in Spain? This question has an easy answer and is that as we have said in several articles, the buyer has to be very careful when buying the property in Spain and he must to understand that he should use services of lawyers independent of the developer and…
The joint ownership or condominium as a situation in which several people have the shared ownership of a real estate is considered in our Civil Code with a capital regulation without prejudice to other specific regulations for figures that have acquired their own substantivity as for example the Horizontal Property Law. Usually, the origin of this shared ownership situation derives…
The Court of Justice of the European Union (CJEU) rejects the Spanish fines for those who do not declare the cash that they take out across the border. The sanctions of Spain for this practice can reach double the amount that has not been declared before the customs authorities. The ruling, issued yesterday, emphasizes that “Spanish legislation is disproportionate, since…
The first Instance Court No. 3 of Denia has ruled in favour of a Buyer who in 2016 had purchased a house in Benissa and after less tan a year he found very serious damages that affected not only the façade and walls, but also the foundation of the house, which implied a risk of collapse. The buyers had visited…
