Welcome from David Searl

Information and questions about the Law in Spain and Andalucia.
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DavidSearl
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Welcome from David Searl

Postby DavidSearl » Fri Aug 14, 2009 1:45 pm

I look forward to a mutually rewarding association with Andalucia.com Forum members as we share our experience with Spanish legal matters. Let the posting begin.

Best Regards, David Searl
You and the Law in Spain

blondie
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Re: Welcome from David Searl

Postby blondie » Fri Aug 14, 2009 1:51 pm

Boy I wish this forum had been here before my court case! great idea :)

Zofia
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Re: Welcome from David Searl

Postby Zofia » Fri Aug 14, 2009 2:21 pm

Oh this WILL be useful I always have loads of legal queries!
Finally really and properly living in Andalucia.

Paula
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Re: Welcome from David Searl

Postby Paula » Fri Aug 14, 2009 4:17 pm

Sounds useful, could be a fulltime job on here answering the many questions!

Lavanda
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Re: Welcome from David Searl

Postby Lavanda » Fri Aug 14, 2009 9:23 pm

Great idea. I have two of your books, David, one from 2005 and the 2006/7 21st Anniversary edition. Looks like I won't need to buy the next edition. :D

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Enrique
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Re: Welcome from David Searl

Postby Enrique » Fri Aug 14, 2009 9:29 pm

Hi Lavanda,
Might be quicker to buy the next book, Gerry's had a question on for 5hrs and no response yet :(
UNIX is basically a simple operating system, but you have to be a genius to understand the simplicity.

Jool
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Re: Welcome from David Searl

Postby Jool » Fri Aug 14, 2009 11:05 pm

Its a great idea but will you be running training courses for town hall employees, mayors etc on how to respect the actual law rather than that of the brown envelope and their own families´interests?

Aren´t there going to be loads of "different" cases according to the province, and local laws etc?

Lavanda
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Re: Welcome from David Searl

Postby Lavanda » Sat Aug 15, 2009 6:33 am

I think that the vast majority of laws are the same throughout Spain as regards taxation, pensions, social security, criminal law, civil law, motoring, etc. The area there seems to be most confusion is planning and I think in that area you are right, Jool. It's the one thing that needs some sort of clarification but seems least likely to get it.

Jool
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Re: Welcome from David Searl

Postby Jool » Sat Aug 15, 2009 4:10 pm

Exactly Lavanda, I´m not trying to be dampener but planning is the area where most of us will want information and clarification!!

Perhaps David can let us know what our actual rights are in regards to shabby treatment by Telefonica, Vodafone etc etc....???

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Re: Welcome from David Searl

Postby Bongtrees » Sat Aug 15, 2009 5:37 pm

Jool wrote:
Perhaps David can let us know what our actual rights are in regards to shabby treatment by Telefonica, Vodafone etc etc....???


I doubt anyone can answer that. For the third time in 12 months I have had the 18 odd euros overseas calls package charge added to my Telefonica bill, I am absolutely sick of it.

A Spanish friend has offered to put the bill in his name because they only add it to foreigners bills.
In a time of universal deceit, telling the truth is a revolutionary act. George Orwell

Jool
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Re: Welcome from David Searl

Postby Jool » Sat Aug 15, 2009 10:39 pm

It does really just get you from time to time doesn´t it, the sense of total powerlessness against faceless "don´t cares" - no wonder the spanish never complain and just shrug things off......

JAR1972
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Re: Welcome from David Searl

Postby JAR1972 » Sun Aug 16, 2009 5:30 pm

Great new forum topic!

I was just wondering about something.

I have been waiting for 14 months for an Obra Mayor permission so that I can restore a house. On the home strait now, has been adopted by the town hall junta directiva, but still waiting for a signature (nearly a month). There have been countless problems along the way, always as a result of incompetence at the town hall. For example the value of the "reparcelacion voluntaria" we had to pay to increase the meters of the building had to be recalculated three times because they kept getting it wrong (I often wonder if they were deliberately doing this and hoping we would just cough up. The final amount was less than half of the first). It took from December 08 to May 09 just to get a correct calculation.

Looking through my town hall website last week I stumbled onto a question in their FAQ section:

¿Cúanto tarda en concederse una licencia de Obra Mayor?

By way of reply the information given was as follows:

La Ley 30/1192 de procedimiento Administrativo establece en su artículo 42 que el plazo máximo de notificación de la Resolución no podrá exceder de seis meses y en el caso de que las normas reguladoras del procedimiento no fijen el plazo máximo, este será de tres meses.

Así mismo, el artículo 172 de la Ley de Ordenación Urbanística de Andalucía, establece que la resolución expresa de las licencias urbanísticas, deberán notificarse en el plazo máximo de tres meses.

My question is: What is the legal meaning of "la resolución" in the two laws above? Is the town hall not breaking the law in my case, and can we "denounce" them?

Thanks!

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DavidSearl
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Re: Welcome from David Searl

Postby DavidSearl » Mon Aug 17, 2009 11:19 am

JAR1972

The Administrative Procedure Law to which you refer regarding your application for a building permit states that the administraton must produce a "resolución" within three months or at the maximum, six months. The "resolución" simply means a yes or no answer. Granting the permit or denying it.

Yes, your Town Hall is breaking its own rules. That same law, "Ley 30/1992" applies the principle of "administrative silence", meaning that, if you receive no reply to your registered application, you can assume that the permit is granted.

Sure, just try it. You should hear Spanish lawyers go on about what a meaningless provision this is. It looks good on the face of it, but the Administration has a dozen ways around it in practice, and they will fine you for building without a permit.

Yes, you can go to court against your Town Hall for the delay. Most lawyers would advise you not to bother.

Good luck with it, David Searl
You and the Law in Spain

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Re: Welcome from David Searl

Postby herrador » Wed Sep 02, 2009 1:25 am

I too have bought your books and kept them as my "Bible" ...

Since being here and as many ex-pats from different countries have found, there is a certain "Wild West" approach to legal matters which varies from region to region, town to town and so on.

However, the case concerning DeCotta Law as reported by Injustice in Europe http://injusticeineurope.wordpress.com/2009/06/27/decotta-mckenna-amp-santafe-turn-to-an-english-court

caught my eye and I wondered what are the laws (customs) regarding "public auctions" and what exactly are the jurisdictional boundaries of the English courts in such matters?
Kind regards,
Ed


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