If you have suffered a car accident and do not know how the process works to seek compensation for damages it is important to allow be advised by the law firm Daemi ZABALZA & ASSOCIATES, who will explain the possibilities of your particular case and the rights it holds.
It is important to know that when you have a traffic accident, the insurance company is required to design an offer of compensation to the complaining party, so we examine the content of this proposal; documents, reports or other information that is available for the assessment of damages. In this way, we can tell if the offer is proportional to the incident and therefore accept it. Normally insurance companies offer lower amounts than proportional because they know that the injured usually unknown what their rights are and what to demand, so it is imperative that you consult with a lawyer about it.
If an amicable settlement is not reached with the insurance company because the compensation offer was not adequate, we would proceed to resort to the courts. In that case, to claim the amount deemed appropriate is a must to file a complaint to initiate penal procedure or a complaint before the civil courts. The penal procedure is appropriate if as a result of the accident the suffered injuries healing time is long. However, the civil procedure is appropriate if the damages were material or the six months required by law to initiate criminal proceedings has timed out. It is crucial that a specialist lawyer takes care of this process as the compensation calculation must be done to know the last existing legal rulings that determine the right way to proceed with the assessment and also in many cases, apply formulas of competition established by law civil liability
If you are owed money, either as an individual or as a company, there are different procedures for claiming the debt. Procedures may be judicial or extrajudicial. We usually recommend (as appropriate) choosing extrajudicial procedure first, for being the easiest and most economical way.
If the tool of extrajudicial requirement has no effect or you would not wish to use them, debt can be claimed in court we. For this, the Code of Civil Procedures provides a number of different procedures for claiming unmet pecuniary claims. We resort to one or the other, depending on the amount of the debt and the particular circumstances of his case.
With the entry of the new Law 4/2013, of June 4, easing measures and promoting housing rental market, they have changed several parameters of the Urban Lease Act 29/1994, with the following key aspects:
- Se refuerza la LIBERTAD DE PACTOS y se da prioridad a la voluntad de las partes, en el marco de lo establecido en el título II de la Ley.
- The freedom of agreements is strengthened and priority is given to the will of the parties under the provisions of Title II of the Act.
- The lease term is reduced from 5-3 years and the tacit renewal of 3-1 year.
- The tenant may cancel the contract at any time after at least 6 months have elapsed and so informs the landlord with a minimum of 30 days.
Likewise it is important to know that unregistered leases on urban properties cannot be enforceable against third party purchasers who register their right. The third purchaser of a home that meets the requirements of Article 34 of the Mortgage Law, cannot be harmed by the existence of an unregistered lease.
We draft and review any contract that meets the requirements of the law and defend their interests against third parties.
The contracts are part of the lives of customers, whether individuals or companies, and always have important practical consequences. A very rigorous training in this regard is necessary as the complexity of each individual case requires addressing the challenges and responsibilities that you will propose.
To prevent contracts suffer from many shortcomings, we offer supervision and control of the content of those implications before signing. We are also at your service to draw up all kinds of contracts and, if applicable, whichever is more beneficial to you.
Para nosotros lo importante es tratar a cada cliente con la máxima atención. Por eso, la confidencialidad y la atención personalizada y directa en cada asunto es nuestro principal objetivo.
The contracts we draw up and analyse are:
- Lease for housing
- Housing lease contract with agreed term of more than five years
- Lease of business premises
- Lease of rural properties
- Lease with purchase option
- Lease Service
- Lease of construction
- Lease of garage
- Sales contract with retro pact
- Purchase of movable Contract
- Sale of goods contract furniture instalment
- Commercial sale of goods contract furniture instalment
- Sale of plot resolution clause
- Sales contract for housing
- Sales contract of public housing
- Purchase option agreement
- Of earnest money contract and confirmatory
- Promissory Purchase Contract
- Deposit Contract
- Donation Contract
- Management contract
- Bailment contract
- Loan agreement with bail
- Simple loan contract fungible thing
- Divorce Settlement Agreement
- Regulator Separation Agreement
- Civil society Contract
In DAEMI ZABALZA & ASOCIADOS we remind our clients the preventive role of a lawyer, as will best be able to advise you about the pros and cons of it and guide you in relation to the consequences and effects.
Although a contract signed by both parties is apparently valid and mandatory for both sides, there may be exceptional circumstances enabling resolution:
Contracts with abusive clauses:There are contracts with abusive clauses –either one, several or all-. Unfair terms are those which, being contrary to good faith and fair balance between the rights and obligations of the parties (consumer and professional) produce consequences as limiting consumer rights, imposing disproportionate obligations or guarantees, linking the contract to the will the other party, etc. Unfair terms are therefore automatically null and void and will be taken as not placed. In the event that the remaining clauses (those that are not abusive) determine an inequitable situation in the position of the parties that cannot be remedied, the contract can then be declared ineffective.
Contracts signed under coercion, intimidation or violence: The law states that one of the prerequisites for the development of a contract is the consent of the parties, that is, the will to want obligating, so that if it is forced to sign something had not wanted freely, the contract will be void.
Unfulfilled contracts:Resolution (cancellation) is a remedy which the law allows use when there is a perfect contract and this is then disobeyed because a befallen event or behaviour of the counterparty has altered the relationships created originally, so that the content and interest inherent in the contract have been left unprotected and unfulfilled and therefore leaves an injurious condition on one of the parties.
If you are owed monthly rent or utility bills and water, or other amounts and wants to charge them; if you want the tenants vacate the property because the contract period has expired; if people are occupying your property without title or any contract, Daemi ZABALZA & Associates offers its services to process the eviction process, always with the greatest urgency and professionalism.
As a general rule any responsibility that arises from breach without a contract may be entitled to compensation for damages caused. This responsibility is called extracontractual law and serves as a catchall, encompassing assumptions unborn of contracts but does imply an obligation for the person who has caused the damage or injury, either to repair the damage caused, either to compensate for the same.
Thus says the Civil Code in art. 1902: “The act or omission that causes harm to another, intervening fault or negligence is obliged to repair the damage caused.”“
Within this group we can include assumptions as accidents caused as a result of a defective product; accidents in the workplace caused by the fault of the businessman or a colleague; traffic accidents; negligence caused by doctors or other professionals such as architects, technicians, etc.; in even attacks caused by people or animals that they own or have in their company. Because there are a variety of situations and very different criteria used by the courts, it is very important to let advice from a lawyer who will explain your case and his rights.