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May 1, 2017
DECLARED NULLS BY THE TSJ CANARY ISLANDS, VARIOUS ARTICLES OF THE DECREE 113/2015 OF THE GOVERNMENT OF THE CANARY ISLANDS. COUNSELING OF TOURISM

Recently, the High Court of Justice of the Canary Islands, TSJC, has annulled several precepts of said decree, specifically arts. "3.2", "12.1" "13.3" and the third sub-section of section IV of annex 2 of the aforementioned Decree. But this has been only “a battle”, since there are still four other contentious-administrative appeals pending before the […]

April 2, 2017
CHECKING ALL YOUR SPANISH PROPERTY DOCUMENTATION

If you are a home owner, take a minute to check through our checklist below and avoid problems and delays when it comes to selling your property. These are the property documents and information that you must have when you legally purchase a property: TITLE DEEDS (COPIA AUTORIZADA DE LA ESCRITURA): many foreign owners confuse […]

January 2, 2017
The Code of good practice on “floor clauses”: Is the best solution to comply with the European Community Court judgment about it?

Given the lack of provision by banks to implement a mechanism to handle all claims of clients, the Government intervenes to find possible extrajudicial ways to comply with the ruling of the CJEU.

December 30, 2016
Responsibility of “party premises” for accidents at their facilities. Interesting Sentence of the Supreme Court, (TS), condemning a nightclub to compensate an assistant for having stepped on a glass broken glass causing injuries to the foot

TS 18-03-16. Responsibility for a party premises Party premises condemned to compensate an attendant for injury with a glass “An attendant to “night club” "XYZ" steps a glass in the area of ​​access to the bathrooms, which causes several injuries”. Claim to the establishment for extra-contractual civil liability requesting compensation of € 11,393.

December 29, 2016
THE SUPREME COURT SETS GENERAL DOCTRINE ON THE FORM OF IDENTIFYING FOREIGNERS, IN GENERAL, IN ADMINISTRATIVE PROCEDURES

Judgment of the Supreme Court of December 19, 2016 (rec.1696 / 2015): As a result of a cassation appeal filed before the Administrative Court of the Supreme Court, there is a general doctrine on how to identify foreigners in the generality of administrative procedures.

December 28, 2016
COURT OF JUSTICE OF THE EUROPEAN UNION: JUDGMENT OF 12/21/2016, IN RELATION TO THE "RETROACTIVE" RETURN OF THE AMOUNTS PAYED IMPROPERLY IN THE "FLOOR CLAUSE" OF THE SPANISH BANK IN YOUR MORTGAGE TITLE DEED

On December 21, 2016, the European Union Court of Justice issued a resolution that represents an important step forward in the fight for the rights of individuals affected by the abuses of “Floor clause” imposed by banks in recent years.

December 19, 2016
IF YOU HAVE OR HAVE HAD A MORTGAGE: DO YOU KNOW THAT YOU CAN CLAIM THE FORMALIZATION COSTS?

SAENZ & ASOCIADOS ABOGADOS / LAWYERS, offers you the opportunity to claim the costs of formalizing mortgages: notary deed, administrative expenses, housing appraisal fees, property registration and documented legal acts. A judgment of the Supreme Court of December of 2015 considers null and void the clauses that impose to the consumer to assume the expenses […]

November 22, 2016
THE NEW OBLIGATION OF THE REGISTRATION OF WORKERS WORK DAY BY THE COMPANY

Following the Decree-Law 16/2013, of December 20, on measures to promote stable employment and improve the employability of workers, a provision was included in the Workers 'Statute which provides for the daily recording of workers' The obligation of the employer to take the computation of the hours of his part-time workers.

November 22, 2016
SUPREME COURT: Spanish banks must return millions to buyers of flats sale, that did not reach construction.

Buyers who have made payments to Promoters that have become in bankruptcy and, therefore insolvent, are entitled to recover such advance amounts if the Promoter entered these amounts into his Current account (special or not) that had signed with the corresponding banking entities.

October 29, 2016
PLUSVALIA’ S TAX: The deed of sale of a property: "is treated as a legal evidence" to determine the depreciation of its value.

The Courtroom of the Superior Court of Justice of the Autonomous Community of Valencia, Spain,  in its recent judgment of 14 September 2016 (Case number 520/2016, rapporteur Olarte Madero), annulling a settlement by the Plusvalía's tax made by the City of Paterna (Valencia).

October 29, 2016
The Supreme Court: Civil Section: Ruled on the return of the advance payment for the purchase of housing for urban causes

Recently, the Civil Chamber of the Supreme Court extends the risk covered by the guarantee on payments made to the developer and establishes that a home buyer can recover the deposit given to the promoter, if the contract is cancelled for having hidden the seller planning irregularities.

October 26, 2016
WHAT STEPS MUST BE PERFORMED AFTER DEATH OF A LOVED ONE?

The death of a loved one is a painful and delicate time, but it would be important to know what administrative and legal steps must be done to be prepared, in Spain:

October 23, 2016
PAYMENT OF ADVANCES IN THE TIMESHARE PROPERTY IS NULL AND VOID. SPAIN’S SUPREME COURT 21/07/2016

The Supreme Court (-S.C.-) in its ruling, last July 21, 2016, has seen the action brought by an entity that had been ordered to repay to the applicants the amounts paid, as advance payment, for the transmission of a right of use by turns of immovable property.

SÁENZ LEGAL, ABOGADOS & CONSULTORES, is a law firm that was created in 1985, although its members have prior professional experience in the legal sector of more than 20 years.
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