News

04 Jun

Posted at 10:13h in Real Estate Investment by
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A: This is true, however be careful and be aware of the following particularities:

The law of urban planning of Andalusia (LOUA) does not absolutely prohibit building on undeveloped land, but does establish certain limits to preserve the land adjoining or related to urban development. For this purpose the law focuses on designation or intended use of the building, so that the LOUA authorizes three types of construction on undeveloped land.

Two of these are working buildings and facilities of specific necessity for agricultural, livestock, forestry, hunting or analogous uses for the land, and the third is buildings, structures, works and facilities in which such necessity for the agricultural holding is absent, but where they are expressly provided for in the Municipal General Urban Plan for a special Development Plan; a typical example would be detached houses or villas.

Therefore, it would be necessary that such buildings are not only authorized by the General Plan of Urban Planning, or a special Development Plan, but also that the housing is linked to the agricultural, forestry or livestock-related designation or purpose.

03 Jun

Posted at 17:13h in News by
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New Coefficients to update the acquisition value of Spanish Real Estate assets. For the transfers of real estate (not linked to economic activities) that take place during year 2014, the coefficients to update the value of acquisition of such assets will be the following ones: Year of acquisition    Coefficient
1994 and before 1,3299
1995 1,4050
1996 1,3569
1997 1,3299
1998 1,3041
1999 1,2807
2000 1,2560
2001 1,2314
2002 1,2072
2003 1,1836
2004 1,1604
2005 1,1376
2006 1,1152
2007 1,0934
2008 1,0720
2009 1,0510
2010 1,0406
2011 1,0303
2012 1,0201
2013 1,0100
2014               1,0000

14 May

Posted at 17:31h in Real Estate Investment by
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A: This is true, however be careful and be aware of the following particularities: The law of urban planning of Andalusia (LOUA) does not absolutely prohibit building on undeveloped land, but does establish certain limits to preserve the land adjoining or related to urban development. For this purpose the law focuses on designation or intended use of the building, so that the LOUA authorizes three types of construction on undeveloped land. Two of these are working buildings and facilities of specific necessity for agricultural, livestock, forestry, hunting or analogous uses for the land, and the third is buildings, structures, works and facilities in which such necessity for the agricultural holding is absent, but where they are expressly provided for in the Municipal General Urban Plan for a special Development Plan; a typical example would be detached houses or villas. Therefore, it would be necessary that such buildings are not only authorized by the General Plan of Urban Planning, or a special Development Plan, but also that the housing is linked to the agricultural, forestry or livestock-related designation or purpose.

03 Apr

Posted at 13:36h in News by
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j0395954The European Court of Justice has declared that Spain has not correctly adapted its laws to article 6, paragraph 1, of Directive 93/13/EEC which seeks to harmonize consumer rights across the EU and eliminate terms generally used in contracts that would benefit sellers or suppliers against the interests of consumers.

The Regulation defines the principle of “unfairness” as follows:

  • If a contractual term has not been individually negotiated and
  • the term causes significant imbalance in the parties’ rights and obligations, then
  • the term is contrary to the requirement of good faith.

The European Court of Justice points out that the breach that has been produced in Spain’s existing laws lies in the power of our national judges to modify the contents of unfair terms contained in contracts once they are declared as existing, by re-composing the chapter/s in such contracts affected by the invalidity, in accordance with the provisions of article 1258 of the Spanish Civil Code and on the principle of good faith.

The Court considers that such power could endanger the long term goal provided for in article 7 of the Directive, since it would help eliminate the dissuasive effect exerted on entrepreneurs, such as banks, and as a matter of fact, purely and simply, such unfair terms may not apply to consumers, in so far as such entities could be tempted to use unfair terms knowing that even when arriving to declare their nullity, the contract could be re-composed by the Spanish National Court, thus ensuring the interests of entrepreneurs against the interests of consumers.

The result of all this has been the adoption by Spain of a law 3/2014, of 27 March amending the text of the current General Law for the defense of consumers and users in the sense that the new article 83 does not now oblige a Spanish Judge to perform this integration, (I would call it re-composition), of contracts having clauses declared null and abusive in order to keep them in force once these are deleted, but that such contracts only may retain their validity in so far as the Judge deems that they can survive, without integration or re-composition of its content, once unfair terms are eliminated.

26 Mar

Posted at 11:22h in General Spanish legal matters by
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No, there is no obligation to report. The same criterion applies to assets and rights subject to obligations about reporting regulated in the law.  Therefore if they are acquired during the financial year and your title upon them terminates in the same period, there is no obligation to report.

17 Mar

Posted at 11:33h in News by
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The number of Spanish enterprises entering into Judicial Bodies of Creditors in Bankruptcy (Concursos de Acreedores) descended in AprilThe Council of Ministers has approved bills to adapt Spanish legislation to European regulations so that the authorities are able to exchange information about criminal records  and to transfer and execute penal judicial rulings in the scope of the European Union.

The text also enshrines the principle of equivalence of judgements pronounced in the European Union. That means that such judgements will be taken into account in penal legal proceedings that are opened after by new offences under the same conditions as if the convictions had been issued in the country concerned.

28 Nov

Posted at 13:00h in News by
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j0289537The Court of first instance Nr 2 MARBELLA, dictates the first verdict in Marbella (according to manifestation of the judge), annulling a foreclosure based on an abusive clause in the original contract, being this law-firm the one who has made the defence of the defendants , who would soon be subject to eviction thus losing their home.  The judge, accepting the arguments put forward by our lawyer and attorney eliminates the existing clause concerning floor limit to variable rate of interest in the Deed of mortgage. The bank is forced to start the procedure from the beginning recalculating the interests according to the existing interest today, in accordance with the mode of variable interest agreed in the deed of mortgage and once such clause is eliminated.  In Emilio Pino – Lawyers, we can feel satisfied that justice has been done and a family that was in a position to be evicted from their home, remains therein as well as its debt is considerably reduced.