Tag Archives: Spain

November 24th, 2012

Yet another important political reform, this time affecting the Spanish Civil Code.

Ministers of Justice and Foreign Affairs, Alberto Ruiz Gallardón and José Manuel García – Margallo, announced yesterday that descendants of the Sephardic community, who were expelled from the Iberian Peninsula back in 1492, will now be able to acquire Spanish citizenship automatically, without having to reside in Spain. This is an important modification of the Spanish Civil code, which since its last modification in 1982, stated a requirement of a minimum of 2 years of residence in Spain for acquiring Spanish citizenship.

This reform will affect those who are able to prove their Sephardic condition, whether it is via surnames, language, descendants or links to Spanish culture and Spanish customs regardless of their place of residence. For this purpose a certificate of the Jewish Community Federations will be required.

According to Gallardón, a few years ago it was understood that around 250,000 people spoke Judeo-Spanish but this estimation could be too conservative. It is thought that this reform could benefit up to 3 million people.

Marta Flores Vila.


July 19th, 2011

Sur newspaper publishes today that Aifos´ CEO, alongside his wife, are being accused of missapropriation of approximately €72,571 of a client of theirs that paid a deposit on account of a property that was never built. The indictement and further accusation is the result of two premises:

  1. Having taken a deposit upfront without providing a bank guarantee to ensure repayment and
  2. Not using the deposit towards expenses arising directly from the proposed construction.

Many developers these are still believing that taking hundreds of thousands of deposits from punters, not guaranteeing them and using them to pay salaries, marketing, dividends (yes, even if no property has been delivered!) is something that, quite simply, is acceptable from a legal point of view.

Contrary to other businesses, property developers cannot incorporate downpayments received into their company normal business account and use for purposes different from the construction of the property, as such purpose would be deemed as unathorised, unless a bank guarantee is provided.

And as such, property buyers on off-plan property may not be deemed as regular creditors, but protected parties that pay deposits to a professional developer who assumes a fiduciary duty.

May 25th, 2011

It’s not as if Peinsa 97 S.L. has much to oppose in this case, but it was not a lay down as we thought because, although the developer accepted liability on the refund of the principal, they opposed the interest count, invoking some minority case law that states, prima facie, that these are to be calculated from the date the claimant effectively sent notice of legal action, and not some years back when the monies were given to them.

It seems the case when we litigate in Murcia that judges have an inclination to favour property developers, perhaps due to the region being governed by the conservative party PP (Partido Popular) but who knows, it may be speculating a bit too much or entering straight into the terrain of conspiranoia, which so many people like.

The developer for Residencial Calas del Pinar in Cuevas de Almanzora was, luckily for them, not given the costs due to them accepting guilt on the principal so our client will have to bear these. Alas, if they pay back quick I’m sure the pain will be mitigated almost in its entirety. If not, an execution case will be then filed where there will be no running away from costs, not this time.