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The main regulations that a property manager should know
Read moreObviously, the property manager must know the regulations applicable to all professional activities carried out. This is extremely important because the community of owners depends on its management to comply with all its legal obligations. At the same time, its correct direction allows the owners to obtain the pertinent benefits available to the communities. Due to its impact, do you know what are the main regulations that a property manager should know? Let's see. Regulations applicable to the profession of property manager. Due to the activities carried out on a daily basis, the property manager must have broad knowledge of a wide variety of topics. This allows its clients to have legal certainty and to have the peace of mind that the community is in the hands of a specialist in these matters. In view of the importance of the development of the daily activities of the administrator...

Divorce by mutual agreement with minors
Read moreWithin family law, the case that we find most frequently in the office is undoubtedly that of divorce. We have already explained in another article how the divorce by mutual consent without minors performed before a notary works, so that in this article we will resolve the doubts about the case in which there are minor children and it is necessary to go to court by force. The preliminary phase of divorce by mutual agreement with minors. The most important thing to keep in mind in this regard is that it is the spouses who, by themselves and independently, must agree and be clear about the conditions of the agreement they are going to sign. A good lawyer specialized in divorces can try to carry out the work of mediation and finish closing positions that are already close, but if the interests of each one...

The sale of real estate in Spain by foreigners
Read moreIt is increasingly common to find foreigners in our office who are interested in buying and selling real estate in Spain, especially in attractive and expanding cities such as Madrid, Barcelona or Malaga. As lawyers specializing in the sale of real estate, we proceed to explain in this article what data and facts are important and must be taken into account when the person interested in acquiring the property does not have Spanish nationality. The sale of real estate in Spain by resident foreigners. The process of buying and selling real estate in Spain by resident foreigners is practically identical to the one that occurs when the buyer is a national. The resident foreigner must have a NIE (Identification Number for Foreigners) that they will already be using for their administrative activity in Spain...

The rental agreement with the option to buy
Read moreIn an increasingly active and dynamic real estate market, it is very common to find operations in which the parties decide to use rental contracts with the option to purchase to satisfy their interests. With the idea of clarifying concepts and answering questions in this regard, with this article we proceed to define how this contract works and explain how it can be useful in certain specific cases. The lease contract with purchase option and the two contracts that define it. The best way to explain this contract is very simple, and is to see it as a contract that binds two completely separate agreements each with its own conditions. On the one hand, the rental contract. On the other, the purchase option contract. The rental agreement is known…

Active and passive mass in bankruptcy proceedings
Read moreContinuing with our series of articles on bankruptcy law, we talk in this writing about the process of determining the active and passive mass in the bankruptcy; as well as the importance of doing it correctly so as not to encounter problems throughout the procedure. The active mass and its determination. The active mass is defined in article 47 of Royal Legislative Decree 1/2020, of May 5, which approves the consolidated text of the Bankruptcy Law, expressing this regulation as follows: The active mass will include all assets and rights of the debtor, whether they are located within or outside Spanish territory, regardless of whether or not a territorial contest is opened abroad. In the event that assets or rights located in foreign territory are opened…

The nullity of the sanctions of model 720
Read moreA year and a half ago we explained in this same blog the existence of model 720 and the obligation of Spanish taxpayers who have more than 50.000 euros abroad to declare their assets through it. Today we have learned how the Court of Justice of the European Union has resolved by ruling that this model 720 (and especially its excessive sanctions) violate the law of the European Union, discussing its possible nullity. In this article we delve into this topic giving some practical keys on how it will be possible to claim the penalties paid. The nullity of the sanctions of model 720. The matter results from a procedure by the Superior Court of Justice of Castilla La Mancha, by which the legality of a sanction file was discussed…