Litigation
Lawsuit for the execution of negotiable instruments
The lawsuit for the execution of negotiable instruments is an alternative procedure to the ordinary and verbal ones.
The dissolution of the community of property
The community of property exists when the property of a property belongs undividedly to several people. On many occasions, joint ownership generates discrepancies and it is impossible for the community…
The bills of exchange actions for non-acceptance and non-payment.
Exchange shares are granted to the creditor when there is a breach of a bill of exchange. This breach must be due to non-payment or non-acceptance of the letter.
The Presumption of Good Faith of the Rights in Rem Owner
Article 34 LH protects acquisitions in good faith by transmission of someone who did not have the power to dispose of.
The legal standing to sue heirs who have tacitly accepted the inheritance
Before analyzing the cases of tacit acceptance of inheritance, it is convenient to remember which are the modalities of acceptance of inheritance. The first modality is the pure and simple…
Obstacles in the distribution of the inheritance.
The testament is a legal instrument by which a person determines the destination of their assets and assets. In addition, it is a formal, unilateral and solemn act where the…
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…
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.
Keys to the nullity of a multicurrency mortgage
However, we have never talked about multi-currency mortgages. That, even if there is not such a high percentage of claims, there is a relevant number of affected consumers. We are…
The effectiveness of shareholders’ agreements
In any case, it is convenient to begin by explaining what are the shareholders’ agreements. They are those agreements entered into between all or some of the partners of a…
Telematic judicial proceedings
After the declaration of the state of alarm, the telematic hearings and trials were established. Its regulation is contained in Royal Decree 463/2020 of March 14, 2020.
Guide to Shareholders’ Meetings: Limit Situations
What should I know before attending a Members’ Meeting? A Board is constituted as Universal by all the partners and later one or more partners leave the Board. A Notary…
What can I do with my “n” percent of the capital stock of a company?
Introduction The minority partner can only have a “partners’ agreement” to protect him. Or a set of Bylaws (less frequent). Their position in the company is usually irrelevant, undervalued and…
Mortgage Lending Directive 2014/17/EU
The European Union established a common legal framework for home equity loans on real estate for residential use. Have EU Member States made it their own? Why?
About third party occupants
The act of viewing third-party occupants will be limited to examining the lease. Examination of whether this contract is valid or not
What is Procedural Deviation?
The procedural deviation is a figure not defined in the Law but defined by the Jurisprudence. It is the divergence between what is requested in any of the stages of…
Procedural Exceptions: “Res judicata”
Res judicata is constituted as the direct consequence of the final judgment or resolution in a judicial proceeding.
Concurrence of several creditors and costs of the proceeding
Most of the Bar Associations provide for the division of the bill, when there is a plurality of creditors. The objective is to avoid a disproportion for those sentenced to…
