Legal
Termination of contracts of continual performance
contractual termination is the explicit act by which a party withdraws from a contract. In other words, by performing an express act, it ceases to be bound by the contract.
The “non adimpleti” exception in construction contracts.
Although both the exception of a non-compliant contract and the exception of a non-compliant contract are well known, a brief reminder should be made prior to analyzing their role in…
Prescription of rental income
The term established to claim the lease rent (housing or premises) will expire after 5 years. This is stipulated in article 1966.2 of the Civil Code. However, in Catalonia it…
Preventive Seizure
The preventive seizure is a precautionary measure. And as a precautionary measure it is extraordinarily and infrequently considered
Pro Soluto vs Pro Solvendo
This article explains the main differences between “datio pro soluto and pro solvendo”. Mainly, its regulation and the differentiating criteria that jurisprudence has been setting
Law against Default: Main aspects
When the debtor is in default, the creditor will be entitled to compensation for the collection costs that he proves.
What is meant by Force Majeure? FAQ COVID19 and RDL 8/2020
We live in a Force Majeure scenario. But what does Force Majeure mean? FAQ about COVID19 and RDL 8/2020 (“Real Decreto Ley 8/2020”, in English “Royal Decree Law 8/2020”). How…
The different forms of mortgage cancellation
to cancel a mortgage there are three alternatives. Cancellation by consent of the creditor, by judicial declaration or by expiration.
Consequences of late payment according to the Supreme Court.
The 4th Section of the Contentious Chamber of the SC establishes an interpretation of Art. 8 of the Late Payment Law. It ruled that creditors will have the right to…
Transfer of mortgages
The mortgage loan transfer is a somewhat complex institution. It is a legal business, by means of which the mortgagee assigns, with just cause, its credit to a third party
