Search found 191 matches

by DavidSearl
Fri Oct 29, 2010 6:57 pm
Forum: You & the Law in Spain
Topic: information on credit and solvency
Replies: 1
Views: 679

Re: information on credit and solvency

FROM DAVID SEARL FOR AMANDAP ASNEF stands for the "Asociacion Nacional de Entidades Financieras" and EQUIFAX is another credit rating company that has now fused with them. The address is: Plaza de Carlos Trias Beltran, 7 3 planta, 2820 Madrid The telephone is: 91-556-2011. They should have...
by DavidSearl
Fri Oct 29, 2010 3:29 pm
Forum: You & the Law in Spain
Topic: Abogados and the Property Scandal
Replies: 27
Views: 4659

Re: Abogados and the Property Scandal

FROM DAVID SEARL FOR ANDALUZCAMPO ET AL Wow. I think the ground is well covered here by the various posters. To sum up: 1. Yes, any rotten thing you want to say about many of Spain's conveyancing lawyers is true. In many cases, they simply did not do their job. But....we have one lawyer recommended ...
by DavidSearl
Fri Oct 29, 2010 2:52 pm
Forum: You & the Law in Spain
Topic: Segural Decenal
Replies: 7
Views: 952

Re: Segural Decenal

FROM DAVID SEARL FOR BONGTREES ET AL All the posters are right. 1. The question is: does the law require the "seguro decenal" for a self-builder, that is, a person who builds or has built a house for himself? 2. The shortest answer is: "no" but let's look into it a little more. 3...
by DavidSearl
Fri Oct 29, 2010 12:18 pm
Forum: You & the Law in Spain
Topic: Address used as financial rep address in spain
Replies: 5
Views: 756

Re: Address used as financial rep address in spain

FROM DAVID SEARL FOR JOOL Other posters are basically correct. The law says that the Fiscal Representative can be held responsible, but the practice is that this is only applied where there has been a "provision de fondos", when the representative received funds from his principal to pay t...
by DavidSearl
Thu Oct 28, 2010 3:26 pm
Forum: You & the Law in Spain
Topic: doh
Replies: 2
Views: 793

Re: doh

FROM DAVID SEARL FOR PATCHDOG You find yourself in a very distressing situation and I am afraid I have no good news for you. In Spanish law there is no obligation for one partner to support another partner when they separate, whether they are legally married or living as common-law spouses (pareja d...
by DavidSearl
Thu Oct 28, 2010 3:14 pm
Forum: You & the Law in Spain
Topic: Tell your UK Consulate
Replies: 9
Views: 1572

Tell your UK Consulate

FROM DAVID SEARL FOR ALL POSTERS On Tuesday, November 3, the UK Consuls from all over Spain and Portugal will meet in Madrid for their annual information and contact sessions. David Searl will participate in a panel discussion there regarding the problems of UK residents in Spain and how their Consu...
by DavidSearl
Sat Oct 09, 2010 8:42 pm
Forum: You & the Law in Spain
Topic: increasing house size
Replies: 2
Views: 840

Re: increasing house size

FROM DAVID SEARL FOR MIJAS BOUND If you wish to add a storey to your house, go to your Town Hall with your architect's plans and request a building permit. If you have a tiled roof and you change it to a flat roof terrace, you have increased the useable space of your property and this should be regi...
by DavidSearl
Sat Oct 09, 2010 8:37 pm
Forum: You & the Law in Spain
Topic: Property Transaction
Replies: 2
Views: 873

Re: Property Transaction

FROM DAVID SEARL FOR CANELA I imagine no-one has responded to your question because the answers you need would fill a small book. Indeed, they fill a major section of "You and the Law in Spain" which I urge you to purchase. Without having the various Tax Forms and contract agreements prepa...
by DavidSearl
Sat Oct 09, 2010 8:26 pm
Forum: You & the Law in Spain
Topic: Embargo on a property - not from the bank
Replies: 6
Views: 3129

Re: Embargo on a property - not from the bank

FROM DAVID SEARL FOR JOOL If a UK court is able to obtain a Spanish court order to seize the assets in Spain of a UK person living in Spain, this Spanish court order will be carried out in Spain. Yes, the Spanish court can order that a property be seized and sold at auction to satisfy a debt. If the...
by DavidSearl
Mon Sep 20, 2010 12:54 pm
Forum: You & the Law in Spain
Topic: CGT and IHT - proof of residence
Replies: 35
Views: 3171

Re: CGT and IHT - proof of residence

FROM DAVID SEARL FOR JOOL Sorry, Jool, but all the Tax Agency offices that we know of will accept nothing less than three years of Spanish income tax declarations in order to prove tax residency in order to qualify for the Capital Gains Tax exemption on sale of the principal residence. Thus, if your...
by DavidSearl
Mon Sep 20, 2010 12:36 pm
Forum: You & the Law in Spain
Topic: Will question (sorry)
Replies: 7
Views: 1194

Re: Will question (sorry)

FROM DAVID SEARL FOR MIJAS BOUND All good posts. I generally recommend a Spanish lawyer, just in case, and just in case you need some advice later when you have to pay the taxes and have the terms of the will executed and have the property put into the name of the inheritor at the "Registro de ...
by DavidSearl
Mon Sep 20, 2010 12:25 pm
Forum: You & the Law in Spain
Topic: Living power of attorney
Replies: 5
Views: 1196

Re: Living power of attorney

FROM DAVID SEARL FOR OLIVE Good posts all. Yes, there is a "Living Will" document in Spain. It is popularly called a "Testamento Vital" and it covers the medical, health, and dying areas. It provides that no "extraordinary" measures be taken to prolong life, and that so...
by DavidSearl
Wed Sep 08, 2010 12:27 pm
Forum: You & the Law in Spain
Topic: A Will question
Replies: 8
Views: 920

Re: A Will question

FROM DAVID SEARL FOR JOOL If you live in Spain as a resident and also have assets in the UK, your most effective procedure is to make two wills, one UK will that disposes of your UK assets and states that it refers only to UK assets. The Spanish will states that it disposes only of your assets in th...
by DavidSearl
Wed Sep 08, 2010 12:09 pm
Forum: You & the Law in Spain
Topic: Autonomo
Replies: 7
Views: 1562

Re: Autonomo

FROM DAVID SEARL FOR AUNTY VAL First, almost anything to do with Social Security and pensions and labour relations may look simple on the face of it, but then turns out to present strange complications. You want the advice of a "Graduado Social". This is not what it sounds like in English....
by DavidSearl
Fri Sep 03, 2010 6:39 pm
Forum: You & the Law in Spain
Topic: Tenancy Law
Replies: 60
Views: 6173

Re: Tenancy Law

FROM DAVID SEARL FOR JULIAN AND BEACHCOMBER The expression, "You cannot contract out of the Act" is solicitorspeak, not a law. It's what the professor says when his students make a clause in a contract that goes against some particular law. Thus, it would be invalidated when challenged. Li...
by DavidSearl
Fri Sep 03, 2010 5:09 pm
Forum: You & the Law in Spain
Topic: No 2 year roll over for buying outside Spain
Replies: 15
Views: 1788

Re: No 2 year roll over for buying outside Spain

FROM DAVID SEARL FOR BONGTREE First, I pinch myself to remember that the exemption from Spanish capital gains tax for the purchase of a new principal residence in Spain now runs for three years, not two years. Second, the excellent post referring to the case of Portugal, where a similar law was knoc...
by DavidSearl
Fri Sep 03, 2010 4:58 pm
Forum: You & the Law in Spain
Topic: Tenancy Law
Replies: 60
Views: 6173

Re: Tenancy Law

FROM DAVID SEARL FOR JOOL Thank you, Jool. And thanks also to the posters who mentioned EU regulations. Yes, they are there. However, they have not been enacted into Spanish law and so do not apply. Nevertheless, they would make another item to be thrown into the lawsuit pot. And, for Beachcomber, &...
by DavidSearl
Fri Sep 03, 2010 12:15 pm
Forum: You & the Law in Spain
Topic: Tenancy Law
Replies: 60
Views: 6173

Re: Tenancy Law

FROM DAVID SEARL FOR JOOL AND BEACHCOMBER Jool, I agree with you completely about the law being an animal that brays. The term "responsabilidad extracontratual" is largely a matter of common sense and, yes, it can be subject to interpretation. The landlord lets his property to third partie...
by DavidSearl
Fri Sep 03, 2010 12:00 pm
Forum: You & the Law in Spain
Topic: President requirements
Replies: 8
Views: 1009

Re: President requirements

FROM DAVID SEARL FOR KEN2 As noted above, the only formal requirement for holding the office of President of the Community is to be a member of the Community. The same is true, of course, for being Prime Minister of the UK or President of the USA. Further, as also noted above, there is no formal req...
by DavidSearl
Fri Sep 03, 2010 11:18 am
Forum: You & the Law in Spain
Topic: Tenancy Law
Replies: 60
Views: 6173

Re: Tenancy Law

FROM DAVID SEARL FOR ROGUE, ET AL I am sorry to hear about your nasty accident, Rogue. You have two questions. No, there is no law requiring that safety glass be used in patio doors in private homes. The glassmakers and architects and everyone else recommend safety glass where there is danger of peo...

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