Civil law

Not Every Transfer of a Rented Property Generates a Right of Withdrawal for the Tenant

The Supreme Court, in its Judgment 591/2026, of April 16, has clarified a very interesting question regarding urban leases and Corporate Law: what happens when a rented dwelling ceases to belong to a Company and passes into the name of one of its partners as a result of the Company’s Liquidation? The ruling interprets Article […]

Of the Precautionary Measures prior to and concurrent with the filing of the lawsuit

Medidas cautelares previas a la interposición de la demanda

Our legal system provides a system to ensure the effectiveness of the judicial protection sought in legal proceedings. To this end, Law 1/2000 on Civil Procedure (“LEC”) regulates what is known as the procedure for “Precautionary Measures,” which aim to ensure the effectiveness of a future judgment that upholds our claims In some cases, the […]

The extraordinary limitation on the annual update of rent for housing lease contracts with old rent.

Royal Decree-Law 6/2022, of March 29, adopting urgent measures within the framework of the National Plan to respond to the economic and social consequences of the war in Ukraine It stipulated that if the landlord was not a large landlord, the rent increase would be agreed upon between the parties to the contract and, in […]

Can you claim a debt if there is no written contract?

The Credibility of Verbal Contracts. In Spanish Law, not every contract needs a signed document to be valid. The Civil Code is very clear: it is sufficient that there is consent between the parties, a specific object, and a cause (Articles 1254, 1258, and 1261 of the Civil Code). This means that when someone commissions […]

The Loan for Use Agreement and its differences with the Precarious Agreement

What is a loan for use Agreement? The Loan for Use is a legal concept defined in the Spanish Civil Code, specifically in article 1740, which states that:Under a Loan Agreement, one party delivers to the other either a non-fungible item for use for a certain period, after which it must be returned—in which case […]

Appeal against an eviction judgement

We obtain a favourable ruling in an eviction trial condemning the tenant to vacate the property and pay the rent due, but what happens if the tenant files an appeal against this ruling? In eviction proceedings for non-payment of rent or expiry of the contract term, we often find that, despite having obtained a favourable […]

Legal ways of dealing with breaches of contract by construction companies.

In recent years, there have been numerous insolvencies and bankruptcies of construction companies, as they have found themselves in complex economic situations. This scenario has increased even more during the years 2021 and 2022, as a result of the global crisis in the commercial sector due to the lack of supplies and the consequent increase […]

How to obtain the resident permission in Spain

The worldwide crisis we have been suffering since the end of 2006 lead to the approval of new legislation in nearly every country within the European Union to attract people with high purchasing power into their country, for this reason, Spain has taken advance of this situation to adopt the Law 14/2013, of the 27th […]

Did you pay a developer for a property that was never finished? Now you can get your money back.

If you signed a purchase contract with a developer, gave in your money and your house was never finished, within your desperate situation, we have good news. There are affected people who are now recovering the money they paid upfront plus a 6 % interest. How? Well, they have passed their case on to hands […]