At the annual congress organized by the Hispano-German Association of Jurists (Deutsch-Spanische Juristenvereinigung), on September 16, 17 and 18, at the Hotel H10 Imperial Tarraco in Tarragona.
Which was attended by referees from 23 countries, from 3 different continents. The sessions held in Madrid from September 12 to 14, were attended by national and international arbitrators of the highest prestige.
With the repeal of the article 28 of the Mortgage Law, heirs other than parents, children, grandparents or spouses, will no longer have to wait two years from the date of death of the deceased to obtain full ownership.
Thus, the so-called “Cuba Law”, which was enacted so that emigrants could have time to claim their parents’ inheritances, but the reality is that this regulation hindered real estate transactions, has been repealed with effect from September 3, 2021.
In free access via zoom, prior registration in hhps://bit.ly/2StEDf0, on Friday, July 23 at 4:00 p.m., (Spanish time).
In recognition of the merits acquired during his extensive professional career during 42 years of membership; to his work as Dean of the Barcelona’s Bar Association, (2009-2013), as well as in the performance and effort as 2nd Vice President of said Council and President of the Commission for Relations with the Administration of Justice of the General Council of Spanish Lawyers.
"New criteria of the Courts of First Instance of Barcelona of 03/10/2021. Conflict of rules on evictions and leases due to COVID-19, and consequences derived from the STC of 01/28/2021 regarding the obligation of large holders to offer social rents".
Link, minute 1:10:47.
Finally it has been understood that mediation is not incompatible with lawyers and the parties will be able to be assisted in the process.
On date 22 October (entering into force on the same day), Decree-Law 34/2020 has been published, exclusively applicable in the Autonomous Community of Catalonia, with the objective of reducing rental income in leased business premises that could be affected, in their economic activity, by regulations issued by the competent authorities.
AS A RESULT OF THE RESOLUTION OF THE CENTRAL ECONOMIC ADMINISTRATIVE COURT (TEAC) OF NOVEMBER, 14, 2019, partially upholding the economic administrative complaint lodged against the report of cadastral values of the Urban Real Estate in the municipality of Barcelona, changing the use of the reference property from “leisure and hospitality” to “residential” and consequently, its construction typology (Rule 20 of the Royal Decree No 1020/1993) decreasing its value.
Please find attached the link with the resolution:
Until the 31st January 2021, by the Royal Decree Law no 30/2020, on social measures for the defense of employment.
Under penalties of up to 90.000.-€, the rental price of 60 Catalan municipalities with a tense rental market, will be linked to the index per square metre established by the Catalan Housing Agency.
Yesterday, 9th September 2020, the Parliament of Catalonia approved a Law of Urgent Measures for the containment of rents, which has already been announced that it will be the subject of an unconstitutionality appeal but in the meantime, until the Constitutional Court rules, will be in force and will bind the owners.
They will be able to benefit from the bonus fees of the flat rate at the time of paying the social security contribution: going this from 367 € to 60 € per month.
ADRs are essential tools in the resolution of disputes that legal operators use.
You can check out the regulatory bases at:
The Supreme Court with this second judgment establishes case law. therefore, the pronouncement issued by the Superior Court of Justice of Catalonia (TSJC), which considered that a municipal rate or tax cannot penalize the supposed abnormal use of empty housing because it is not a taxable event that can tax rates, has been confirmed.
The speakers will be the Judge and President of the Girona Provincial Court, Mr. Fernando Lacaba and the ex-judge of the 1st Chamber of the Supreme Court and Professor of Civil Law at the University of Valencia, Mr. Javier Orduña.
Royal Decree-Law 11/2020, of March 31, with the modifications contained in Royal Decree-Law 15/2020 of April 31, includes various measures to regulate the right of consumers to the resolution of sales contracts of goods or provision of services that have been affected in their compliance, due to the state of alarm.
Civil Capsule - Lights and shadows of commercial property leases after Royal decree Law 11/2020.
About the non-payment of rental of commercial premises after the closings caused by the coronavirus.
Civil Law Capsule: “How does COVID-19 affect the communities of owners? Measures to be taken”; presented by Mª Eugenia Gay, president of ICAB.
The Government has approved a new Royal Decree-Law 11/2020, of March 31, adopting urgent measures in the social and economic field, which includes regulations on home rentals.
Civil Capsule - Tools and solution proposals regarding business premises lease contracts, altered by Covid-19.
In accordance with Royal Decree Law 8/2020 of March 17, on urgent measures to face the economic and social impact of COVID-19, a moratorium on the mortgage debt for the acquisition of habitual residence in cases of economic vulnerability has been foreseen (arts. 7 to 16 of Royal Decree Law 8/2020 of March 17).
There is much talk today, and much more will be said about the problems arisen from the pandemic caused by the COVID-19 coronavirus in relation with the fulfilment of contracts. Here we are going to refer to the lease agreements and in particular to the statements, articles, recommendations and even the advice that is being given, of non-payment of the rents.
We highlight those measures applicable to people legal entities of private law.
Electronic Code with all the legislation on the Sanitary Crisis COVID-19:
BOE extraordinary of the 19/3/2020, publishing the order SND/257/2020, of March 19, which declares the suspension of opening to the public all the tourist accommodation establishments, in accordance with article 10.6 of the Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis situation caused by COVID-19:
After several months waiting, the CJUE has ruled a sentence regarding the potential unfairness of the IRPH clause.
In this Congress, which is one of the most important on international commercial arbitration, the problem and the opportunities for arbitration were analyzed, especially in Latin American countries. About 650 referees from more than 40 countries attended.
Organized by the Peruvian Arbitration Institute and held in Lima on November 7, 2019.
Held at the headquarters of the College of Notaries of Barcelona and chaired by the Minister of Justice, Mrs. Ester Capella.
The party counted with the performance of Luz Casal, one of the most character and representative voices of Spanish pop. Madrid, October 15, 2019.
In the panel formed by JOAQUÍN VALCÁRCEL, ANTONIO HIERRO, ANTONIO SÁNCHEZ PEDREÑO, DAVID INGLE and moderated by EMMA MORALES. Madrid, October 15, 2019.
From minute: 16,18’
Was held at the ADR Center - ICAB (Center for Alternative Conflict Resolution).
Also say, that his university group has won the competition among UB, UAB and UPF, in private matter trials, in this year’s edition.
Given by CARLOS VALLS MARTÍNEZ, lawyer and arbitrator. President of the Professional Ethics Committee of the International Bar Association (IBA). President of the Association for the Promotion of Arbitration (AFA).
From minut 4:45’
On February 20th, 2019 the Law 1/2019 of trade secrets was published. Such Law will enter into force on March 13th, 2019 and is a transposition of the Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure.
June of this year is the deadline for the transposition of the European Directive 2017/828, May 17th 2017, that obliges listed companies’ shareholders to be more engaged in the companies where they invest and increases the transparency between said companies and the investors.
Organized by the ICAB, within the events of the festival of San Raimon de Peñafort.
Pedro L. Yúfera gave the conference on "Copyright and Related Rights in the world today" and was panelist in the first panel on "Scope of Copyright and Related Rights, Observance and Arbitrability".
On the occasion of the total applicability, since last January 29, 2019 of the European Regulations 2016/1103 and 2016/1104, MARIA ESCOLÀ, attends the conference "The new regulations (EU) on matrimonial regime and property effects of registered unions: Scope of application, definitions and main innovations", given by the International Law professor of the Univertity Pompeu Fabra, Mrs. Anna Quiñones Escàmez, which took place at ICAB.
MARIA ESCOLÀ attends the conference given at the ICAB, "The intestate succession in Catalonia: civil, international and notarial analysis", given by the notary Mr. Jesús Gómez de Taboada, on January 31, 2019.
Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC.
Under the monographic theme: “The rental of housing and commercial premises in Spain and Germany”, moderated by Dr. Cato Dill, member of the board of directors.
Act No. 5/2018, June 11th, has modified the Spanish Civil Procedure Law (LEC), in order to facilitate legitimate owners to recover their homes in a reasonably shorter and faster period of time when they have suffered squatting.
On March 27th, 2018, the Minister Order JUS/319/2018, which approves the new annual accounts application forms for the presentation before the Commercial Registry, was published.
Until now, there was a discrepancy of criteria in the Courts over who had to pay the taxes in the cases of loans with mortgage guarantees.
Next January 1, 2018, the Law 3/2017, February 15th, will come into force, which approves the Sixth Book of the Catalan Civil Code regarding obligations and contracts.
The situation occurred with Bankia, with the fraudulent sale of shares to thousands of citizens who invested all their savings and who have gradually been recovering them by legal proceedings, has been surprisingly repeated again in the recent months.
Where the crowdfunding judicial platform Seedjustice was presented and where three cases (or causes) competed to enter into the aforementioned platform. The winner was “Thinkbluff”, a platform created to claim against Volkswagen for the polluting emissions of its vehicles.
From minut 9:55'.
Select time from 16:00 to 17:00, from minute 33:19 '.
The decision to be considered as a stable non-marital couple is a right. And the procedures to be declared as so, have become easier with the creation of the Catalonian Registry of Non- Marital Couples which depends on the Department of Justice f the Catalonian Government.
The Court of Justice of the European Union has issued on December 21st, 2016, judgment favorable to customers affected by ground clauses. In accordance with this ruling, banks must return to their customers all the excessive interests charged since the date of the signing of the mortgage, without limiting the amount of the refund to the month of May 2013, the date on which ground clauses were declared Null by the Spanish Courts.
The Spanish High Court (Sentence June 15th, 2016) declares, as law doctrine, that the seller will be able to charge to the buyer the proportional part of the Real Estate Tax since the delivery date of the property.
The Plenary Session of the Civil and Criminal Chamber of the High Court of Catalonia has rejected an appeal issued by the neighbors of an owner’s community of a building where there is a touristic flat. The Court establishes that it is not possible to conclude that the existence of touristic flats represents an activity contrary to the normal coexistence in a community. In this regard, it is necessary to proof that the use of the flat is anomalous and antisocial, as a result of some activities that deserve to be considered to be antisocial. Notwithstanding the aforementioned, this analysis must be done case by case.
Lots of people are paying mortgages where there are included “floor clauses” (Cláusulas Suelo). These clauses establish a minimum amount to pay in the mortgage payments, although the interest rate agreed with the bank is below such minimum.
ARA Newspaper, considering Marta Legarreta’s opinions.
Crowdfunding is a financial alternative different from financial banking which consists of collective financing, usually through internet.
Are you sure that your By-laws are adapted to the legislation currently in force?
If not, the corporate agreements, adopted by the General Meeting, may not be registered with the Commercial Registry.
Last July 14, the Law 19/2015, July 13, of administrative reform measures in the scope of the Administration of Justice and Civil Registry, was published in the BOE, coming into force, most of its articles, last October 15, 2015.
With the aim of seeking methods that meet the current needs of access to housing, on July 29, the Law 19 / 2015 was approved, addressed mainly to real estate but also includes the acquisition of those movable properties which may be registered.
Temporary ownership: the temporary property right grants its holder -known as the temporary owner- a domain of a property -usually real estate- for a certain and determined time, which can be between 6 and 99 years and established by contract. Once that period has ended, it returns to the original owner or its heirs.
While the temporary owner’s rights lasts, the ordinary owner, that is, the person who sold him the property, cannot carry out any act that can interfere in the exercise of the properties of the temporal owner.
Shared ownership: The buyer (material owner) acquires an initial percentage and will progressively acquire the remaining percentage to the seller (formal owner).
According to this way of acquiring the property, the material owner has almost all rights of possession of the property acquired, in exchange for the payment of a sum of money to the formal owner.
The parties agree the initial percentage that will be acquired, while the remaining percentage shall be in the absence of agreement, at least 10% of the total.
Article for the Local Paper El Periodico de Catalunya with the participation of Marta Legarreta, as member of the Civil Law Section of the Barcelona’s Bar Association.
May 20, 2015, has been approved the Law 5/2015, of May 13th, amending the fifth book of the Catalan Civil Code, relating to property rights, which amends the horizontal property and condominium legal regulation.
The Courts are decreeing the nullity of the purchasing subscription of Bankia SA shares forcing the bank to pay back these values, yields obtained, and legal interests and costs, based on the retail investors error-vice in the provision of their consent.
Although there is discussion about it, one theory that Courts argue is that the the period to claim in this case expires after three years since the investor would have known the falseness of BANKIA’s accounts. This period has been set on May 24, 2012, when the reformulation of BANKIA’s accounts took place, after the departure of Mr. Rodrigo Rato from the board of directors, becoming clear to the public opinion the existence of losses of almost three billion euros and the falling value of share prices.
That is why, if you plan to claim, we recommend that the action is brought before May 24, 2015.
Nota Informativa sobre los principales aspectos modificados en el texto normativo del Impuesto sobre el Valor Añadido.
With the entry into force, on January 10 of the Regulation on jurisdiction, businesses and consumers can now immediately enforce any sentence in civil and commercial matters pronounced by another Member State, which saves time and economic costs.
It does not apply to arbitration, nor other matters such as tax, customs, administrative, responsibilities of States, social security, bankruptcy, inheritance, capacity of individuals and matrimonial.
Nota informativa sobre las principales novedades y aspectos modificados del nuevo texto normativo del Impuesto sobre Sociedades (Ley 27/2014).
Nota informativa sobre los principales aspectos modificados en el texto normativo del Impuesto sobre la Renta de las Personas Físicas y del Impuesto sobre la Renta de No Residentes (Ley 26/2014).
La Cruz Distinguida de Primera Clase de la Orden de Sant Raimon de Penyafort otorgada por el Ministerio de Justicia se ha concedido al decano emérito Pedro L. Yúfera. La Vicepresidenta del Gobierno, Soraya Sáenz de Santamaria y el decano del Colegio de Barcelona, Oriol Rusca, han sido los encargados de la imposición en una ceremonia que se celebró el viernes 31 de enero de 2015, en el Palau de Congressos.
Radio Arenys entrevista a Marta Legarreta sobre la resolución de contratos de arrendamiento de local de negocio formalizado antes del 9 de mayo de 1985 cuya extinción se produjo el 31 de diciembre de 2014.
Finally the tax reform has been approved, and it affects several matters such as: personal income tax bracker, grants and aid to families, severance pay, pension plans, dividends and shares, corporation tax, foreign workers, electronic trade, VAT, etc.
Reform can be found at the following links:
And see the details on www.minhap.gob.es
Our firm is working on to carry out an informative report to give legal advice to our clients, but we are and pleased to give any other advice needed.
Merche Portabella, partner and director of the firm’s commercial, company and bankruptcy department, obtains favorable judgments against CATALUNYA CAIXA ENTITY in claims for damage compensations, after the exchange for shares of the bank and subsequent sell of those to FROB. The Court considers that the Bank didn’t provide all the necessary information in the commercialization of such products to consider fulfilled the duty of loyalty and transparency when selling complex and risk products to retail customers. The Judge condemns the bank to pay the amount of the released debt plus legal interest and judicial costs.
Pedro L. Yúfera como experto en derecho inmobiliario y consolidado árbitro se pronuncia sobre el arbitraje como medio plenamente aplicable a la resolución de conflictos en el régimen de propiedad horizontal.
The Supreme Court in the Sentence delivered on March 17th, 2014, establishes a precedent in case-law concerning articles 100 and 101 of the Civil Code which considers that receiving an inheritance is an unforeseeable fact, understanding that it is an unexpectedly circumstance, that may impact on the economic situation of the palimony beneficiary and therefore it can be perfectly valued in order to change or eliminate the palimony.
Breve nota informativa con motivo de la reciente publicación del Real Decreto-Ley 8/2014, de aprobación de medidas urgentes para el crecimiento, la competitividad y la eficiencia.
La actual ley de Defensa de Consumidores y Usuarios, introduce significativas modificaciones tendentes a reforzar la seguridad jurídica tanto de los consumidores y usuarios como de los empresarios.
The City Council plans to proceed with a Special Urban development Plan for the regulation of the tourist apartments, therefore has suspended until next May 3, 2015 the licenses both for beginning of activity and for the extension of the license of tourist apartments.
The suspension concerns all the districts of Barcelona apart from the districts of Nou Barris, Les Corts, Ciutat Vella, and Sant Andreu which have specific regulation on this matter on their own plan of uses.
Radio Arenys entrevista a Marta Legarreta sobre si la nueva ley de telecomunicaciones permitirá la expropiación forzosa de terrados particulares para instalar antenas.
Breve nota informativa sobre las principales novedades en materia de fomento del empleo y refinanciación empresarial para el 2014.
ITP PARA ARRENDAMIENTOS DE VIVIENDA NO SUJETOS AL IVA (L2/2014, de 27 de Enero).
Hasta el próximo 31 de diciembre de 2014 (y con efectos desde el 31 de enero), los arrendamientos de vivienda no sujetos a IVA deberán tributar el 0,3% sobre la cantidad total que se deba abonar por todo el plazo de contrato.
Para los contratos sujetos a prórroga forzosa se computará un plazo mínimo de 3 años, y si no constara plazo, se computaran 6 años.
El tipo de gravamen del 0,3% pasará a ser del 0,5% a partir del 1 de enero de 2015.
Breve nota informativa sobre las principales novedades legislativas en materia fiscal, laboral y de seguridad social, aplicables para el 2014.
El cómputo de voto de los no asistentes a una Junta de Propietarios; requisitos para la posterior impugnación de los acuerdos adoptados: fin de una polémica.
Marta Legarreta resuelve dudas de los usuarios sobre desahucios de viviendas de alquiler.
Comentario de Pedro L. Yúfera Sales a la SAP Madrid (Sec. 10ª) de 7 de junio de 2012, respecto a que no se despacha ejecución forzosa del laudo por no aportarse el convenio arbitral. Valoración de los acuerdos comunitarios sometiendo las cuestiones de la comunidad al sistema arbitral. TRIBUNAL ARBITRAL DE BARCELONA – TAB - ANUARIO DE Jª ALTERNATIVA. DERECHO ARBITRAL 2012.
Elecciones en el ICAB: Pedro L. Yúfera, nueno decano