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Civil Law

Third occupants of auctioned homes

The current LEC does not guarantee bidders in judicial auctions reliable information regarding the possession situation of the auctioned properties, causing it to be possible to acquire a property with third-party occupants through ignorance.

How to do testament in Spain?

The will constitutes the will of a person on how to distribute their property when they die. The notarized open will is the most common, made before a notary and collected in a public deed.

Legal aspects on electric skateboards

According to the Judgment issued by the Provincial Court of Cáceres, "electric scooters that exceed 25 kilometers / hour speed or 1000 watts of power are mopeds and for their use you need a driving license."

How to make a will without going to the Notary?

Is it possible to make a will without going to the notary? Will this will be valid? Which people can make it? We associate the making of a will with a Notary, but the reality is that all people can make a will without going to the Notary, as long as they do it in the way that we will explain in this article.

Will the will about our digital past be necessary?

Inheritance law must also be adapted to the social reality in which we live and to new technologies. Currently, there is a need to grant a digital will to ensure who will be in charge of our digital profiles at the time of our death in order to avoid future controversies.

Can I request a family member's disability?

Civil incapacity is a legal situation in which a person cannot govern his person or property in accordance with his physical, mental or sensory situation. The incapacity of a family member is one of the cases in which the alleged incapacitated person's own family initiates legal proceedings to have the incapacity officially declared.

Transmission of housing: by donation or inheritance?

When we inherit a property, the first thing we have to do is to value it, and normally who values it is the Treasury Department, in the Autonomous Community where the property is located. This body gives us the fiscal value, and that is the value from which we have to settle the tax.

What can I use my parking space for?

On other occasions we find places used by the owners as storage places for various objects, possibly blocking the way of other neighbours or causing us some inconvenience. To know if this is accepted or not in a Community, we must consult the Constitutive Title or the Statutes of the community.

What is conservatorship?

Guardianship is one of the forms of legal guardianship provided for in our legislation. It differs from guardianship in that its purpose is assistance, rather than representation, for those acts that are determined by law or by the incapacitation sentence itself.

Keys to the rural leases act

Law 26/2005, of 30 November, explains in its first article what is meant by rustic rentals, that is, what differentiates this type of rentals from urban rentals (fundamentally of homes and business premises).

Can I challenge a will?

In many cases, one of the heirs may be affected by the provisions of a will. In these cases, contesting a will is a mandatory process, but this procedure has a number of civil law requirements.

Can a child be disinherited in Catalonia?

The answer is yes, it is indeed possible to disinherit a child, or what would be the same, to take away the legitimate one that corresponds by law to a descendant, but first a series of basic requirements established in the fourth book of the Civil Code of Catalonia should be given.