What is considered fraud in Spain? The fraud offense is, simply explained, a deception caused by an individual, for personal gain. Often, such a deceitful activity is used to gain advantage over an individual, for an illegal benefit. Where is the fraud offense regulated, in Spain? The fraud offense is regulated in article 248 [...]
WHAT IS DISINHERITANCE? Disinheritance is to be excluded from receiving assets, money or distributions from a state or trust. No one can be disinherited without a testamentary document. If it does not exist, the laws of the intestate succession will come into place and control who inherits what from your state. The requirements to [...]
RESIDENCE PERMIT FOR FOREIGNERS ON THE GROUNDS OF INTEGRATION 1.- Definition: The social integration (“arraigo”) is a residence permit for social integration reasons granted to foreigners in an irregular situation, due to exceptional circumstances. This authorization allows them to reside legally in Spain for one year, with the possibility of subsequent renewal to obtain [...]
MISAPROPRIATION OFFENCE IN SPAIN The misappropriation offence is regulated in Chapter V, Title XIII of the Spanish Criminal Code, under the heading "Crimes against property and the socio-economic order". More specifically, occupation of a real estate appears in Article 245 of the Spanish Criminal Code. In this regard, Article 245.1 of the Spanish Criminal [...]
SPOUSAL MAINTENANCE IN SPAIN The Spousal maintenance is a monetary allowance paid by one of the ex- spouses to the other, when separation or divorce takes place, so long some requirements are met. The “reason being” of the spousal maintenance, is not to equalize assets of the parties after separation, but to compensate whoever is [...]
Do I need a lawyer in Spain? The assistance of a lawyer and a solicitor is neither necessary nor obligatory in all legal proceedings. First of all, the need of a lawyer in Spain depends on the different jurisdictions of law. In civil and commercial jurisdiction in Spain The mandatory nature of the lawyer [...]
Notarial divorce in Spain Through the reform introduced by Law 15/2015 on Voluntary Jurisdiction, notaries in Spain are given the power to formalize separations and divorces by mutual agreement, provided that a series of requirements are met. Prior to the reform, this action was the exclusive competence of judges. The notarial divorce in Spain [...]
COMPANY INCORPORATION IN SPAIN Which types of commercial companies can be incorporated under the Spanish Law? There are four main types of mercantile companies in Spain, which are: The stock corporation (sociedades anónimas), the limited liability company (Sociedad limitada) , the general partnership ( Sociedad colectiva) and the limited partnership (sociedad comanditaria) . However, [...]
Divorce proceedings in Spain. Definition of divorce (art 86 requirements): Divorce is le legal act aimed to execute the definitive severance of the marriage bond. According to Article 86 of the Spanish Civil Code, the court must decree the divorce regardless of the form of celebration of the marriage, at the sole request of only [...]
Claiming debts in Spain: Unpaid invoices When is it possible to claim an unpaid invoice according to the Spanish legislation? An invoice is considered to be unpaid from the moment when the deadline granted in the invoice to the debtor for payment has expired without payment having been made. If no deadline has been [...]