If you are not satisfied with the decision of a public body, we can lodge a claim.
On a daily basis, administrations and public authorities make decisions that affect our lives. Unfortunately, many of these decisions are arbitrary and unjust, injuring our rights as individuals or as companies.
These illegitimate rulings can and should be restored to legality and therefore it is necessary to formulate the relevant administrative claim. Also, at other times what we want is that the administration grants us a right such as a concession, permit or license.
BANKING AND FINANCE LAW
The ground clauses in mortgage affects nearly 35% of the mortgaged, and has become a real problem; because that establishes what the minimum interest rate to be paid in monthly instalments of the loan to the prejudice to the mortgaged property may not benefit from the lowering of interest (Euribor) and the consequent reduction in the loan instalments.
What can we do for you?
First study the contract and identify the existence or not of ground clauses and / or ceiling, and on that case, the amounts paid to your bank improperly.
Later, trying to reach a deal with the bank for it to delete the clause in the mortgage contract and return amounts previously more paid. It is important to see if there was a binding offer by the lender and if the mortgaged signed, and in any case if it was informed by the institution of that clause.
In case of failure to reach an agreement, we fill a request to vacate ground clauses by the courts and given the recent Supreme Court decisions and our extensive experience in the field (98% success in cases) it has ruled in favour of the mortgaged not only forcing financial institutions to eliminate clauses and soil but also with retroactively character to repay the amounts paid as a result of ground clause.
Our firm offers the possibility of bringing the case forward till the end; without having to pay a single Euro of fees or expenses. Once we get rid of ground clauses and get the amounts unduly paid, then charge our fees.
That easy and transparent?
We have enough capacity to carry out the procedure and also win, in fact, our office bears all expenses – fax bureau, attorney fees, attorney and peritoneal just that, to show the client that we believe in our good work and success .
How can I contract the service?
Make an Appointment in our office and a specialist lawyer in banking law will attend you; explaining in detail and concisely how to begin the process.
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.
CONSUMER PROTECTION LAW
DAEMI ZABALZA & ASOCIADOS can defend the Rights of consumers, applying the current regulations and laws which protect your interests.
If you would wish to live in Spain.
If you would wish to live and/or WORK in Spain, but do not have a European citizenship.
If you have been living in Spain in an irregular situation.
If you wish to bring your spouse, partner, son / daughter, mother, father, brother/sister to Spain to live.
For minors born in Spain, or not in Spain
If you are in process of renewing your residence permit and need to travel outside Spain, you will need this authorization to be able to enter the country.
If your residence card is about to expire, you must renew it before the legal deadline, in order to keep the acquired rights.
If you have a residence permit and wish to modify it; to be able to work, be self-employed, change territory etc.
If you wish to pursue your studies, extend or conduct research in Spain, we can request a student card.
To apply for Spanish nationality by residence
This is required to validate your foreign university degree. Being officially recognised in Spain and therefore authorised to exercise your profession legally.
If you are a resident in Spain, and would like to bring friends or family to Spain for a visit.
We can help you by explaining the complete procedure and processing the file before marriage.
If you have a stable partner but do not wish to engage in marriage, we process the registration in the corresponding Public Registry, which allows both parties to gain rights and privileges.
We process ALL types of visas; from single to multiple entry, business or tourism, including Schengen visa for foreign nationalities.
The foreigner identification number is a number assigned to a foreigner who intends to perform economic, professional or social activity in Spain, such as : Open a bank account, contract a private insurance , buy a house etc.
FAMILY AND MARRIAGE LAW
In DAEMI ZABALZA & ASOCIADOS we offer the possibility of processing your separation or divorce either by mutual agreement; whereby it would be discreet, quick, easy and economic, or contentious; if the couple does not reach an agreement on the minimum measures to be considered.
The express divorce or divorce of mutual consent is a quick and inexpensive divorce. Couples wishing to divorce can legally do so, only having to abide with a prerequisite: a minimum of 3 months married.
It is enough just presenting the marriage certificate and registration (as well as the birth of children, if any) and sign the regulatory agreement, where the agreements reached by the spouses are noted to regulate their future situation.
It is recommended that there is mutual agreement between the spouses as this offers great advantages:
- Faster procedures
- Simplicity of judicial proceedings
- Savings because of its low economic cost
We find three common forms of express divorce:
- 1.Without children or assets: This is the simplest because there is no children to regulate measures upon, nor assets to liquidate.
2.With children:A series of agreements and measures will need be guaranteed for minors
3.With children and assets
The agreement is only mandatory and therefore must be provided as an essential requirement when spouses want to separate or divorce by mutual agreement or one with the consent of the other, as if there were no separation agreement or amicable divorce it would be necessary to turn to the contentious option which consists in a trial where the judge will determine the content of the Settlement Agreement.
The Settlement Agreement is a written document in which both spouses make a pact of mutual agreement according to the issues above. Thus, in the Convention the consequences of separation or divorce will be regulated, although its complexity comes from the large number of issues to be regulated, and the fact of relying on all parts of the agreement, but at the same time it requires court approval.
To give you an idea, the settlement agreement must contain the following:
- Attribution of guardianship and custody of children
- Determination of visitation and communication rights
- The allocation of use of the home and family assets
- The amounts of contribution to the maintenance of children in respect of alimony; and the criteria for updates and guarantees
The amount, if any, and by way of alimony, one spouse must meet the other for the economic imbalance that results from the separation or divorce or marriage annulment
The Spanish Constitution imposes a duty of care and ensures children and the separation or divorce do not exempt parents from these obligations. If there is no agreement of the parties, the judge, in any event, will determine the contribution of each parent to satisfy the food and take appropriate measures to ensure the effectiveness and accommodation benefits to economic circumstances and needs of children at each moment.
If you live together in the family home adult children or emancipated lacked own income, the judge in the same resolution, shall determine the foods that are due.
Food doesn’t just mean food, but everything that is essential for the sustenance, housing, clothing, education, medical care, etc.
Thus, the separation or divorce ruling handed down after the completion of the corresponding procedure will determine the spouse who is obliged to pay the alimony, the amount, the bases or criteria for updating – usually will be updated according to the IPC, and form and period of payment.
The law does not establish an amount, whereby the amount is set by the court attending to the revenues required to pay it and the needs of the spouse / beneficiary of it. For this purpose an analysis of labour and economic position that maintains the obligor it’s compulsory.
Finally, the obligation of payment of an alimony is set by judgment and, Naturaly, the failure to comply allows the beneficiary to bring proceedings of execution and, where appropriate, the seizure of assets and rights required to meet the pension. Also, the non-payment of alimony may constitute a crime of neglect of family defined in Article 227 of the Criminal Code, it may cause deprivation of parental rights and constitutes just cause for disinheritance of heirs.
This pension is granted to the spouse economically harmed by the separation or divorce. The spouse to whom the separation or divorce produces an economic imbalance in relation to the other’s position, involving a worsening his situation than previous to marriage, is entitled to compensation that may consist of a temporary pension or indefinitely, or a single supply, as determined in the regulatory agreement or in the judgment.
Separation or divorce does not necessarily entail the provision of alimony. On the absence of agreement of the parties, the judge, in sentence, will determine the amount taking into account the following circumstances:
- The agreements which spouses had reached
- The age and health condition
- The professional qualifications and chances of access to employment
- The past and future dedication to family
- The collaboration with their work in commercial, industrial or professional activities of the other spouse
- The duration of marriage and conjugal living
- The possible loss of pension rights
- The flow rate and the economic means and needs of each spouse
- Any other relevant circumstances
It can also be agreed at any time, replacing the alimony set by an annuity, the usufruct of certain goods or the delivery of capital goods or money.
As for the cessation of the obligation to pay the alimony, it is extinguished by the termination of the cause that motivated him, for the beneficiary live remarriage or cohabiting with another person (the conviviality must be habitual and with emotional and economic characteristics of a family environment)
The definitive measures are those that have been agreed in the decree of separation and / or divorce. Keep in mind that these measures are effective from the moment in which the judgment is notified to the parties in the process.
Modification services we offer:
- Requirements for amending measures
- Mutual agreement procedure
- Legal proceedings
- Modification of visitation rights
- Modification of attribution of parental authority
- Modifying the allocation of use of the family home
- Modification of alimony – child support/maintenance
- Modification of compensatory allowance
Marriage is an institution that economic relations between spouses are also derived. These relationships should be regulated in some way, and for this legislation provides several possibilities.
The services we offer are:
- Redacción y modificación de Capitulaciones matrimoniales
- Drafting and modification of Marriage contract
- Community of property
- Regime of separation of property
- Participation Scheme
- PDonations by reason of marriage
The liquidation of the matrimonial property affects only those marriages that are subjected to community property and wish to separate or divorce. In cases where there are marriage contracts or separate property regime it will not be necessary to treat the economic issue or liquidate the regime.
Marriage annulment is the invalidation of marriage when its conclusion have existed or occurred faults or material defects that prevent it from taking effect. The annulment means that the marriage never existed and can not be exercised.
A domestic partnership is the union between two people who want to live stably in a relationship similar to conjugal affection, and to that end they choose to keep records to appear officially.
REGULATIONS OF ECONOMIC SYSTEM BETWEEN THE REGISTERED PARTNERS
They can be agreed in writing establishing the economic regime that will govern the union, affecting both the titles of the heirs inheritance. If there are not agreed in writing, no economic system is applied, so the cohabitant rights must prove you have about each of the goods that make up the common heritage, crediting previous relationship.
Similarly, you can liquidate the economic system of mutual agreement or contentious way, proving the existence of the partnership, and that is complete, attributing the property to each of the partners.
REAL ESTATE LAW
Buying a home or property in general is one of the most significant events for family and personal finances. It seems a simple and fast process to formalize but is one of the most underlying problems in the current legal sphere. Before signing the deed of sale and even before any commitment with the seller by signing a private contract, it is appropriate that certain aspects of the legal status of the housing are checked, so that it meets their expectations. That is why the sale of property shall be monitored and controlled by a lawyer which can ensure effective and secure transaction for the customer as he knows all requirements previously needed to take in count at all times.
A good way to get a property that interests you at a price well below market value will be of judicial auction. Judicial auctions are those that take place in a courtroom before a court clerk and are subjected to demanding and detailed rules that demand thorough knowledge of the requirements to facilitate their ability to purchase. If you are interested in a particular property and want our office to take care of the entire process, or would like us to seek some property meeting their expectations that will enter at auction, please contact us so we can carry it out.
If you want to establish a mortgage (being resident or non resident) and unknown what the rules of application, their obligations and rights, the legal conditions of contracting, and finally what is the best mortgage deal that is within your reach, contact us . Our firm will examine your personal characteristics and offer 3 best bank financing, and all this within a very short time.
CORPORATE AND COMMERCIAL LAW
The choice of legal form for the launch of a new company should be subject to careful consideration, in order to choose the one that best suits the characteristics of the project to develop.
We set up your company; drawing up the private bylaws that will govern and manage the company, to the liquidation and payment of the corresponding taxes, thus complying with all legal requirements and their implementation in a few days.
The dissolution agreement starts the process by which society is extinguished, opening the liquidation period, during which the company retains its legal personality. The settlement has the effect of loss of legal personality of the company. With the opening of the settlement period it will take to manage the company’s liquidators. These are responsible for the measures necessary to liquidate the company assets and distribute the relevant partners share operations. The company completely extinguished when the same seats were cancelled in the Commercial Register.
It is the process by which a company alters its shape and legal structure, adopting the corresponding to a different type recognized by law, produced without a change in its legal status, which remains under the new form.
Each company based on its modus operandi requires the preparation and study of commercial contracts tailored to their business and operations. Let us advise you to meet your objectives and requirements.
Any change or alteration of the bylaws of a company whether it be for necessity or for convenience.
SUCCESSION AND INHERITANCE LAW
The succession or inheritance is the law governing the fate of entitlements and legal relations which form part of the assets and liabilities of a person after his death (mortis causa). In other words, in succession generally one or several persons (heirs, legatees) come into the place of another who has died, taking his place.
Definitively, knowing the problem and knowledgeable about this situation, we can offer advice on everything related to this matter. Being aware that the death of a person means an event sometimes very hard to assimilate, we help you overcome at least the legal burden that it implies. To do this, our team tackles the delicate ground of inheritance from a conciliatory aspect of the different positions that may arise among those called to inherit, mediating between them with the aim of reaching an agreement that will satisfy all parties.
In the acquisition mortis-cause they are required to pay the inheritance tax, by way of taxpayer, the beneficiaries (those receiving the inheritance) and can become bound to the Spanish Treasury, either from personal obligation or real obligation.
Non-residents who purchase goods and rights by inheritance, legacy or any other form of succession, which are located, they may be exercised or be fulfilled in Spanish territory and to those receiving amounts resulting from insurance contracts about life when the contract has been made with insurance companies or Spanish has been held in Spain with foreign entities operating therein, are required on Inheritance Tax by royal obligation.
The competent authority to settle the inheritance tax of non resident is the state and the applicable law is the state, unlike residents, in which case the competent authority is the Autonomous Community where the deceased had his habitual residence and the applicable regulations of the Community, if the latter has exercised its powers.
Advice on the necessary requirements for handling the distribution, liquidation and change in ownership of assets, especially because there are certain tax benefits and double taxation that can benefit the non-resident who receives the inheritance, meaning lower taxes, and ultimately depending on your personal circumstances and treaties that Spain has with the country of residence of the non resident.
A will is a document that reflects an individual person or persons transmit his assets after death. Therefore, it is an act in which the patrimonial will of a person is attested.
It is a very important act to perform because unfortunately no one knows the time of his order in this life, and so it is advisable to leave reflected hereditary provisions to avoid creating misunderstanding and subsequent conflicts. When a person dies without leaving a will it will pass to regulate the distribution of your estate by the regional or state laws.
The Spanish legislation requires meeting a series of conditions or elements to understand that a will is valid in the sense that effects arising against anyone. The principal testamentary modalities regulated in the Spanish Civil Code are:
- The open will: is one in which the testator manifested in the presence of the Notary authorizing or in case of witnesses, the contents of his will. .
- The holographic will: Is the one handwritten by the testator himself, and which must necessarily has to include the place and the date of grant (year, month and day) and signature, and should also be subjected to adveración and logging in court.
- The closed testament: Is one whose main characteristic is that the testator, without disclosing the contents of the will, declares that it is in the statement that gives people which are to authorise.