ENFORCEMENT OF A FOREIGN JUDGMENT
A marriage was celebrated between an Italian national and a Spanish national, with one minor child. A judgment of legal separation was issued in Italy, which was the spouses’ place of residence at that time. Subsequently, at the end of 2004, the wife and the common minor child moved to Spain, where they currently reside.Can […]
BREACH OF A RESIDENTIAL SALE AND PURCHASE AGREEMENT BETWEEN PRIVATE INDIVIDUALS
A second-hand dwelling is delivered with the electricity supply disconnected. In addition, the water supply network of the property has defects due to its age, and the municipal utility company requires refurbishment works.What can be done? The action provided for in Article 1484 of the Spanish Civil Code is subject to a six-month limitation period, […]
“FLIPPING” OR “ASSIGNMENT / PASS-ON” IN A PROPERTY SALE
Is it legal for a private individual to sell to a third party (the final buyer) a dwelling under construction in exchange for a price paid as an assignment or “pass-on” fee? What taxes does this involve? Yes, it is legal. The onerous transfer of the rights arising from a contract for the sale and […]
DOUBLE SALE OF A DWELLING. SALE OF PROPERTY BELONGING TO ANOTHER (SALE OF ANOTHER’S PROPERTY)
A property developer sells a dwelling to a married couple by means of a private contract, with the condition that the public deed of sale will be executed within three years. Once that period has elapsed, the deed is not executed and neither party formally requires the other to complete the sale. The developer-seller considers […]
PAYMENT OF A MORTGAGE BY A THIRD PARTY. SUBROGATION OR SALE WITH DEFERRED PRICE
A son acquired a property through a mortgage, but in reality it has been his father who has been paying the mortgage instalments. The father now wishes to have the property transferred into his name, although there is still an outstanding mortgage and the father does not have sufficient financial means to take on the […]
PURCHASE OF REAL ESTATE REGISTERED IN THE NAME OF A THIRD PARTY
The deceased purchased a dwelling together with the woman, but in the end it was registered solely in the name of the deceased. Both parties signed an earnest money (deposit) agreement, and the deposit was subsequently transferred from the woman’s bank account. However, the deceased, by means of deceit, executed the deed of sale as […]
REAL ESTATE PURCHASES AND SALES (SPAIN)
Contents: Do I need to hire a lawyer to buy or sell a property? What due diligence should the buyer’s lawyer carry out? If you need a mortgage, you can negotiate its terms. Reservation agreement. Private purchase contract. Taxes, Land Registry and Cadastre. Points to consider after completion. How long does it take to buy […]
CIVIL PREJUDICIAL QUESTION
A civil prejudicial question is a mechanism regulated in Article 43 of the Spanish Civil Procedure Act (LEC) that allows the court to determine whether a proceeding should be suspended until an antecedent issue within the same civil jurisdiction is resolved. Although the statute refers to “civil prejudiciality,” it is, in reality, an incidental matter […]
FLOOR CLAUSES
Floor clauses are provisions in mortgage loan agreements that establish a minimum interest rate, preventing the borrower from fully benefiting from decreases in the benchmark index. Although not illegal per se, they have been subject to extensive review by the Spanish Supreme Court and the Court of Justice of the European Union (CJEU) due to […]
LEGAL COSTS WHEN ABUSIVE CLAUSES ARE PRESENT
The right to effective judicial protection is violated when the court fails to award costs despite having declared the contractual clauses abusive. The First Chamber of the Spanish Constitutional Court issued Judgment 91/2023, of 11 September 2023 (Constitutional Appeal No. 5905‑2020, published in the BOE on 12 October 2023), in which it held that the […]
