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 [...]
Alimony... until when? Interesting Judgment of the Audiencia Provincial (AP) of Barcelona handed down in the context of a proceeding for modification of measures, in which the parent obliged to alimony payment sought to reduce the maintenance allowance in favour of his daughter (600Euros/month). In order to prove a substantial change in circumstances, the claimant [...]
We have discussed, in previous posts, about gender- based violence and what are some of the ways in which it is manifested. We also reviewed, briefly, the Ley Orgánica 1/2004, of 28th of December, on Comprehensive protection measures against gender- based violence (in force at the moment) and how, by applying it, the public [...]
In a previous post, we briefly explained what gender- based violence is and what are some of the measures adopted by the public authorities to help prevent it. More concretely, we referred to some Articles present in the L.O 1/2004, 28th of December, which contain certain measures to help fight gender- based violence in the [...]