JOSE ESCOBEDO - ABOGADO, colegiado num. 1685 del Ilustre Colegio de Abogados de Tenerife -TEL: (34) 922 714322 - FAX (34) 922 714201 - Registered lawyer num. 1685 of the Tenerife Law Society, Canary Islands, SPAIN - Office hours 9:00 a.m. - 15:00 p.m.
DERECHO ESPAÑOL - JURISPRUDENCIA - NOTICIASSPANISH LAWS - COURT RULINGS - LATEST NEWS
LA FRASE DEL DIA:
Una cualidad de la justicia es hacerla pronto y sin dilaciones; hacerla esperar es injusticia (Jean de la Bruyère)
Tue May 15, 2007
WHAT IS THE FIRST THING TO DO WHEN YOU DECIDE TO BUY PROPERTY
Once you have chosen a property, you should request a Copy of the Seller's Title Deed or Deed of Sale. It is possible that the Seller (owner) acquired the property by Sale, Inheritance, Sale by Judicial Auction, Dation in Payment, Exchange, Donation, Marriage Settlement, etc. so it is necessary to make sure that the seller's title deed is a Public Record, i.e. a Notarial Deed. In Spain, only those documents signed before a Notary may be registered in the Land Register.
If the seller gives you a Private Document you should be particularly careful as it is possible that the person who is offering the property for sale is not the same as the one in whose name the property is registered in the Land Registry. Furthermore, as long as the seller does not register the property in his/her name in the Land Registry it remains open for the enforcement of any type of charges, embargoes, mortgages and even in favour of other people. More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksCOMMON PITFALLS WHEN STARTING A BUSINESS IN SPAIN
Some of the situations described below may seem pretty obvious for you but you would be surprised of how many foreign investors fall into these common pitfalls:
More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksDO YOU HAVE ALL THE NECESSARY DOCUMENTS FOR YOUR PROPERTY?
Foreign property owners often don’t realize that they haven’t got all the right documents for their property until they come to sell ... so why wait until the last minute to check through your papers.
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.
More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksNEW SPANISH LAND LAW TO STOP SPECULATION - "LEY DEL SUELO"
This law was finally passed by Spanish Parliament on 10th May 2007 and aims to unify the legal system of land development throughout Spain. Some of the aspects envisaged are: formal regulations establishing the rights and duties of land owners, citizens and politicians in terms of property development, urban town planning and protected land; greater restrictions on declassifying protected spaces; and new requirements such as compulsory environmental reports for the development of urban areas. More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksSun Apr 15, 2007
NEW SPANISH CONSUMER PROTECTION LAW (No. 44/2006, 29/12/2006)
This new law is likely to affect property transactions and particularly off-plan property purchases. Any abusive clause in a contract will be invalid regardless of the law applicable to the contract if the consumer (or purchaser) is resident in Spain and the object covered in the contract is situated on Spanish territory. All ambiguous, unclear or inexact clauses will also be interpreted in the consumer’s favour. More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksNEW EUROPEAN DEBT RECOVERY LAW ("PROCESO MONITORIO EUROPEO")
A new swift debt recovery procedure was approved by the European Parliament on 12th December 2006, and it will be enforced in the United Kingdom and Ireland from 12th December 2008. The procedure will only require a petition to be presented to the courts in compliance with the official European legal form, and local courts will then be able to issue an international summons giving the debtor 30 days to repay the debt. If the debt is not paid and no appeal made then the debt can be enforced in any EU country.
More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksNEW CANARY ISLANDS “LIVING WILL” LAW
New legislation has been passed in the Canary Isles (Decree 13/2006 dated 8th February - B.O.C. 43, 2.3.2006) regarding living wills (testamento vital). This law will allow all individuals in the Canary Islands to prepare a letter which will be given to doctors and hospitals with instructions regarding their medical treatment and care that they wish to receive in the case of illness or injury. This document will be especially useful in situations where it is not possible for you to express your wishes. More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksWHAT IS AN NIE (TAX IDENTIFICATION NUMBER) - NOW NECESSARY TO COMPLETE ANY PROPERTY PURCHASE
A NEW LAW has been enacted in November 2006 - Law 36/2006 dated 29th November. From 1st December no property purchase can be registered in the land Registry office without the NIE of all the parties concerned in a property transaction.
More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksWed Jan 10, 2007
NEW WITHOLDING TAX ON PROPERTY SALES - LAW 35/2006, 28th NOVEMBER
The party acquiring the real-estate property, regardless of whether or not said party is a resident of Spain, is obliged to withhold 3% of the agreed sales price and pay it to the tax office. For the seller, said withholding shall be deemed payment at source of the capital-gains tax corresponding to the conveyance of the property.
More...
[0] comments (0 views) | [0] Trackbacks [0] PingbacksTue Dec 05, 2006
NEW LAW TO PREVENT TAX FRAUD AND MONEY LAUNDERING EFFECTIVE FROM 1ST JANUARY 2007
Law No. 36/2006, dated 29th November concerns measures for the prevention of tax evasion (BOE 30-11-2006). In view of the new rules, it is worth bearing in mind that:
1. The legal representative of non-resident companies based in tax havens can be considered jointly liable for tax debts
2. Non-residents must appoint a tax representative to act on their behalf in relation with their tax obligations in Spain
3. The identification number for foreigners (NIE) is now compulsory in all property transactions
4. Deeds of purchase and sale must enclose proof of payment of the price More...
[0] comments (0 views) | [0] Trackbacks [0] Pingbacks
NEXT page
ZONA DE ACCESO RESTRINGIDO - Acceso denegado USUARIO no autorizado para acceder a esta zona- ONLY MEMBERS AREA - You must be logged in to access this area
