ABUSIVE CLAUSES: CATEGORIES
Abusive clauses can affect different aspects of a contract, from limiting consumer rights to lack of reciprocity and imposing disproportionate guarantees. Here is an explanation of each category: Abusive clauses for limiting rights Article 86 of the Spanish Consumer Law (TRLGDCU) establishes that clauses that deprive the consumer of rights recognized by law are abusive, […]
OPPOSITION TO MORTGAGE FORECLOSURE
Opposition to mortgage foreclosure is a legal mechanism that allows the debtor to challenge the enforcement of their mortgage when there are justified reasons. According to Article 695 of the Spanish Civil Procedure Law (LEC), the grounds for opposition are limited to four main categories: Extinction of the guarantee or secured obligation: A registry certificate […]
MORTGAGE FORECLOSURE INITIATED BY THE LENDING ENTITY, EVEN AFTER THE LOAN HAS BEEN ASSIGNED BUT NOT REGISTERED IN THE PROPERTY REGISTRY
According to Article 540 of the Spanish Civil Procedure Law (LEC), amended in 2015, the assignee may request that the foreclosure continue in their favor as the successor of the original enforcing creditor. To do so, the assignee must submit documents proving the assignment. If the court considers them valid, it will proceed to continue […]
EARLY MATURITY. CONSUMER STATUS AND SUPREME COURT DOCTRINE
The concept of consumer is extremely important when analyzing early maturity clauses. The Supreme Court Judgment (STS) 463/2019, of September 11, 2019, reviews the doctrine on early maturity in contracts with consumers. This judgment follows the criteria of the Court of Justice of the European Union (CJEU) judgments C-70/17 and C-179/17, of March 26, 2019. […]
ASSIGNMENT OF MORTGAGE LOANS: CONSEQUENCES
Between the Assignor and the Assignee The assignment transfers the loan and all its accessory rights, according to Article 1258 of the Spanish Civil Code, which includes guarantees such as surety, mortgage, pledge, or privilege, unless excluded in the assignment agreement. If the assignment is partial, the extinguishment of the assignor’s ownership will also be […]
HOLOGRAPHIC WILL
A single woman, with no children or living parents, instructs her bank via a typed letter, dated and signed by her, that upon her death, the money deposited in that bank should be transferred to her niece. After her death, doubts arise regarding the validity of this instruction. ANSWER: For this instruction to be valid, […]
WILL APPOINTING HEIR TO CAREGIVER
A gentleman dies widowed, without descendants or ascendants, and leaves a will in which he appoints as his sole and universal heir the person who has personally cared for him during the last years of his life. He designates a friend as executor, granting them the authority to determine who that person is. The testator’s […]
CHOICE OF FINAL HEIR BY THE EXECUTOR
A gentleman dies widowed, without descendants or ascendants, and leaves a will in which he appoints as his sole and universal heir the person who has personally cared for him during the last years of his life. He designates a friend as executor, granting them the authority to determine who that person is. The testator’s […]
PROOF OF APPLICABLE LAW IN SEPARATION OR DIVORCE PROCEEDINGS – FOREIGN SPOUSES
Two British citizens have lived in Spain until a year ago. After considering divorce, the husband has returned to the United Kingdom. If there are no assets to be divided and it has been agreed that the husband will pay child support, is it necessary to demonstrate the applicable law? Regarding: For minor children, the […]
REGISTRATION IN SPAIN OF A DIVORCE GRANTED IN THE UNITED KINGDOM BETWEEN A SPANISH AND A BRITISH CITIZEN RESIDING IN ENGLAND
A marriage between a Spanish citizen and a British citizen, celebrated and registered in Spain, was divorced in London in 2022. What procedure must be followed to register the divorce in Spain? Regarding: Since 31 December 2020, the United Kingdom is no longer part of the European Union, which affects the application of European regulations, […]
