The threat reflected in the title is certainly not insignificant because the case we want to expose, which is more common than it seems, has its origin in the lack of knowledge, sometimes unjustifiable, that the citizen who wants to build a house has of the legal procedures that this implies in accordance with the urbanistic legality and of the…
The Community of Andalucía has approved a decree-law, the Decree-Law 3/2019, of 24st September, from the Regional Andalusian Government, by which a large number of houses that were in an irregular or illegal situation without supplies or a supply network because they had not obtained a building permit at the time or had been rejected, are now regularised or in…
The constitution of associations for the personal use of cannabis are having a great boom in Spain to what has not been alien, on one hand, the more tolerant treatment of the Justice towards the use or self-consumption of cannabis and other substances and on the other hand, the facilitation provided by the Local Corporations of the obtaining of permits…
In recent modifications, the law has attributed to the Resident’s Associations of the Horizontal Property Law certain attributions that can affect the right of possession of the owners who are members of above mentioned Association. The ownership of houses regulated by the Horizontal Property Law is a sort of ownership where to the individual right of ownership of each of…
The possibility that the owner of a piece of land that signs a execution works contract may desist from it, whether the construction have started or not, it is a faculty that the Law recognizes, although it solidifies or links certain effects or consequences that we are going to study briefly in this article. The article 1594 of the Civil…
We have in several articles reiterated previously the change of criterion adopted by the Supreme Court in relation to the right of those who have experienced a situation of custody to be compensated in cases of not guilty plea or in cases of dismissal. We have already pointed out that compared to the previous criterion that now exists, the Supreme…
It is recognized that if there is a science with great advances over the last few years, it is medicine. The advance in medicine is so significant that every day more and more the patient has more security as for the effective and positive result of the healthcare provision to which he or she is undergoing. However, medical activity is…
The Court of Instruction No. 3 of Torrevieja, in the proceedings Diligencias Previas No. 1861/2018, has agreed at the request of criminal lawyers of Carlos Baño Leon, involve, as a secondary civil liable, in a criminal proceeding that we were following, a well-known real estate agency of multinational scope, and given that its strong geographical location is usually franchisor, for…
The Magistrate’s court (Juzgado de Instrucción) no 1 of Benidorm in the criminal pre-trial proceedings no 4391/22014 has dismissed the criminal actions for misappropriation, fraud and insolvency offence, which for three years have been in process against two of our customers, of German and Austrian nationality, of this criminal specialist law firm of Carlos Baño León in Alicante. The proceedings…
There are several actions that the Spanish legal system attributes to the buyer of a dwelling due to construction defects after the purchase of the property. Certainly, the system of liability for defects or flaws in the building is complex. There are damages for defective works that can only find an answer in articles 1484 and in following articles of…
