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A specialist court, designed for abusive-clause concerns

SPAIN’S General Council of Judicial Power has approved the use of one provincial Court, specifically for claims related to the general conditions included in mortgages, whose borrower is a member of the public and not a company. It means that these courts can hear any related discrepancy to a mortgage, including controversies raised by floor […]

When parents are scapegoats

UNDERSTANDING THE LAW, By Mariano Zunino Siri ARTICLE 1902 of Spanish Civil Code establishes the obligation for parents to respond and repair the damage caused when, by action or omission, damage is caused to another. In addition, article 1903 of the same Code adds that this obligation arises not only for their own acts or […]

Hot hazards prevented

By Mariano Zunino IT’S not easy working in Tenerife at times. The hot weather can make it hard to concentrate and do your job properly, especially in summertime when the heat can really take it’s toll. But where do you stand in the workplace when it comes to rights in, say, a hot office? These […]

LETTING AGREEMENTS

ONE of our readers has written to me with a few questions regarding the legalities surrounding the letting of apartments.   Dear Sir, I have a two bedroom apartment and I’m thinking of letting it out on either a holiday or long-term basis, but I need some  clarification. *What happens if I use a third […]

Community makes a point

By Mariano Zunino SPANISH Law is very complex and in this column, I try to make some sense of what can appear to be a very complicated matter. This week it’s back to one of our favourite topics: Communities! In Spanish law, the Community of Owners does not have any recognised legal “personality” rights. This […]

Tacky tale of Community debtors

  I HAVE received an email from one of our readers, which really is worth discussing because it can affect so many people who pay community fees. I am on the management committee of a large complex, on which one-third of owners are debtors. Any debtor who owes more than 500 euros after three months […]

New law for Spanish wills, but are you fully covered?

THE European Union has introduced a new Regulation 650/2012, which came into force on 17th August and applies to the Wills and succession of any individual who dies after that date. This new law was introduced to harmonise the administration of Wills of European citizens. Its primary purpose is to avoid a situation in which […]

MORE COMMUNITY ISSUES

By Mariano Zunino Siri HERE is an extract from an email sent by one of our readers: “I have been reading your article concerning Community Fees. I think people need to be told of the corrupt manner in which a lot of communities are being run, and the difficulties people have to change the procedure. […]

Community of Owners: Quotas

BACK to the Community of Owners issue – I have received many queries relating to this topic – and this week I am referring to the quota (percentage of your property in the building). The quotas are often called “mensualidad”, which are monthly payments, although they can be bi-monthly, or quarterly, according to the Statutes […]

UNDERSTANDING THE LAW

COMMUNITY OF OWNERS WE are back with more letters and readers’ questions, and I have selected one (although I am replying privately to everyone). Hello Mariano. Briefly, could a legal challenge be made which would overturn voting at successive AGMs which were carried through by votes that should not have been allowed due to Community […]

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