THE “SOCINI” CLAUSE

Under the Spanish Civil Code, the spouse of the deceased is entitled to the lifetime usufruct of a third of the inheritance (known as “betterment third”). The spouse has the exclusive right to use the property until their death, after which, the property passes down to the children of the testator. The spouse cannot change who the beneficiaries to the property are, and in turn, the children cannot forcefully remove the spouse from the estate. Seguir leyendo “THE “SOCINI” CLAUSE”

WILLIAMS V MAPFRE: ARE WE AS COVERED AS WE BELIEVE?

Insurance companies are not always willing to implement laws that protect customers against the abuses that some big corporations tend to commit. With this in mind, they sometimes use legal tricks to avoid the consequences of these regulations, created for the benefit of the weakest part of the agreement. Seguir leyendo “WILLIAMS V MAPFRE: ARE WE AS COVERED AS WE BELIEVE?”

European Enforcement Orders and Spanish law

Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order (EEO) for uncontested claims designed a way to speed up the enforcement of civil cases in Member States. However, it is still necessary for the claimant to go before the courts in the defendant’s residence country and get a judgment against the debtor. Once a judgment is obtained, the claimant must apply to have it certified as a EEO. What is the applicable legislation in Spain, specifically in relation to loans guaranteed by mortgages? Seguir leyendo “European Enforcement Orders and Spanish law”

Surrogacy in Spain – far from recognition

In Spain, surrogacy is forbidden under article 10.1 of the Law 14/2006 of 26 May on human assisted reproduction techniques, which states that all surrogacy agreements are null and void.

Due to this regulation, many Spanish residents are traveling to countries where this technique is legal. However, problems arise when parents want to register their children at the Spanish Civil Registry. Seguir leyendo “Surrogacy in Spain – far from recognition”

ROAD TRAFFIC ACCIDENTS IN SPAIN AND THE NEW “BAREMO”

For the calculation of damages suffered by the victims of traffic accidents, Spanish law has a scale system known as the “Baremo” (Law 35/2015 of 22 September) which regulates civil liability and insurance matters in road traffic accidents and applies to cases involving accidents on or after 1 January 2016. The Baremo is mandatory and binding on judges when assessing the damages in respect of injuries resulting from traffic road accidents. Seguir leyendo “ROAD TRAFFIC ACCIDENTS IN SPAIN AND THE NEW “BAREMO””