Holograph testament
Inside the types of testament that allows our classification one of the common mas is the so called holograph testament.
Of what does it consist?
The holograph testament is that one that it grants the testator, that is to say, needs neither notary, nor notary, to raise it to public writing, simply that demonstrates in a paper his last will.
In spite of the simplicity of this type of estates the law if it is required some requirements in order that it is valid, for example, that the testament is written by the testator, not neither by a third party nor relative, also demands that it dates the document with year, month and day in the one that grants it, it is required the adult age to grant it.
Other characteristics are that it is not necessary to take it neither to the record or which another person guards, he can be the own testator the one that guards it or also it can entrust to a third party that he it guards, in addition this type of testament also allows the foreigners who like that want to write it in his language, without it is going to harm his efficiency.
How much time has of validity?
At the maximum it must appear five years after the death of the testator and take it before the notary in order that it could take minutes.
From Llorente & Rayon in any doubt that you could arise on this topic and help you in all the steps.
The protection of intellectual property
Intelectual property (IP) refers to the protection of inventions of the human intellect in scientific, literary, artistic or commercial matters.
The law safeguards the IP by means of rights granted to the creator in order to have in his possession a document that allows him to demonstrate, if necessary, that he is the inventor. Example of ways of protection: patents, trademarks and copyright. Next we will explain a little each of them:
– Patents are an exclusive right granted by the State to citizens for the creation of a product or technology to prevent other people from using it without their approval.
– A trademark is a sign that is used to differentiate products or services of a company respect to others, which is why its protection is extremely necessary since this is the image of said product.
– Copyright is used to protect artistic and literary works. This includes: books, painting, sculpture, music, publications, among others related to the subject.
Importance
The main importance of intellectual property is that it legally protects the inventions and productions of the citizen respect society in general. That is, no one will have the right to use it, regardless of the purpose it pursues, without the consent of the creator, because it will have the protection of the State.
Organizations
– World Intellectual Property Organization (WIPO): Is a global forum that focuses on service, policies, cooperation and information on the subject of intellectual property.
– In Spain there is the Oficina Española de Patentes y Marcas (OEPM), attached to the Ministry of Industry, Energy and Tourism.
We hope that this information has clarified all the doubts about it. Do not hesitate to contact Llorente & Rayón for any help regarding the registration of your trademark, literary work, as well as patent your invention, or any other creation that you should protect.
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Importance of the applicable law clause in an international contract
The applicable law clause is the section in an international contract which indicates the law that will govern said agreement, in case of breach or disagreement between the parties.
It is very important to define the applicable law from the moment in which the negotiations of the pact are being carried out, but in many cases it is usually forgotten.
Its relevance comes mainly from the fact that the increase or not in the costs for the legal process depends on it. Also, it defines if there has been a breach in some aspect of the contract or if the party will be entitled to receive compensation, among other issues.
For the election of this one you have the option of the law of a part (in our case, the Spanish law), the law of the counterpart or that of a third State.
When it comes to selecting the legislation, the relevant aspects must be considered, depending on the type of contract, in order to weigh the law of which nation is best.
To illustrate better, in the case of a distribution agreement, there are nations that protect the distributor, such is the case of Portugal and Germany. In turn, countries such as Italy, France and the United Kingdom back the main one.
It should also be said that when the international contract is executed between two nations of the European Union, it is guided by the Rome I Regulation, which indicates that in the absence of this clause the contract is governed by the legislation of the country with the closest link, for example in the case of sale is the country where the seller has his habitual residence.
We hope that this information has been very useful, any necessary clarification regarding this and other topics do not hesitate to contact us.
What do you know about e-commerce?
Electronic commerce or e-commerce is a way of sale of products or services by using electronic means, such as the Internet; that is, trade online.
This way has advantages with respect to the traditional commerce, being able to emphasize the following ones:
– There are no geographical barriers.
– Content is available 24/7.
– The client is more likely to find a product at a lower cost, due to the opportunity to surf the Internet. You can also purchase the product from the comfort of your home or work.
Next we will explain its classification:
– E-commerce B2B: This is the abbreviation of business to business. It is the way where commercial relations are made between companies that work by using e-commerce. This does not involve consumers.
– E-commerce B2C: Diminutive of business to consumer. This is the most common way, where a company has its merchandise displayed, for example an online store, and those interested acquire the products or services they offer.
– E-commerce B2E: Is the abbreviation for business to employee. It refers to the offers that the business publishes for its workers to encourage work performance.
– E-commerce C2C: This one is consumer to consumer. This type refers to people who do not own a business, but in a specific circumstance they sell a product or service.
– E-commerce G2C: It is the diminutive of government to consumer. In this case, the State allows citizens to carry out procedures online through a web portal.
The e-commerce increasingly becomes more important, for the year 2017 it increased by 20% its use worldwide compared to the previous year.
This is why it is essential to develop the necessary forms to use e-commerce in a correct way, as well as take advantage of the resources that this option offers to boost your business.
In Llorente & Rayón we have experts in the area who will help you in every step, from how to start your online store, to how to boost it, through e-commerce. We are here to help you with any questions that may arise in this regard.
Claims against Insurers
It is common that, as a result of some incident, conflicts arise between insured and the insurance carrier by differing the opinions of one and the other.
What are the ways to claim insurers?
Insurance broker and, failing that, insurer
The first of the steps is to expose the problem to the insurer so that one lend a solution to the client. For this you must go to the figure with whom you hired. If insurance has not been contracted through the insurance broker, you should contact the insurer directly.
Defender of the Insured or Customer Service
A complaint must be made in writing before the Defender of the Insured or Customer Service. Said writing must be sent by certified mail with acknowledgment of receipt, burofax, or any other useful means to verify its presentation.
If, within a period of two months, you do not receive a response or you cannot reach an agreement, you have the possibility of going to the Directorate General of Insurance, to the Claims Services department, which will settle in 6 months. It is worth mentioning that the decision of this body is not binding, so the insurer is not obliged to comply with it.
Consumer Association, where they can offer us information about the options we have available.
Arbitration, it is an extrajudicial route for the resolution of conflicts that may have arisen between insured and insurer. Arbitration offers several advantages such as greater speed, lower cost and greater efficiency. Therefore it is a recommended and favorable option for the insured. In this case, the insured must submit the request for arbitration to: consumer information offices of the corresponding Community, consumer associations, or personally before the Regional Consumer Arbitration Board.
Judicial: In the event that none of the aforementioned routes end the conflict, it may be brought before the courts for resolution.
What are the most frequent claims to insurance companies?
Car insurance
Life insurance
Home insurance
Liability insurance for car accident
Liability insurance for medical malpractice
Travel insurance
Health insurance
Business insurance
We hope this has been helpful and if you need more information about it, call us and we will answer your questions.
Recover Municipal Capital Gain
The IIVTNU (Tax on the Increase in the Value of Urban Land or Impuesto sobre el Incremento del Valor de los Terrenos de Naturaleza Urbana) is a direct and optional municipal tax levied on the increase in the value of urban land revealed at the time of transmission.
The normative that regulates it is the one established in the Real Decreto Legislativo 2/2004 of March 5th, by which is approved the Texto Refundido de la Ley Reguladora de Haciendas Locales.
The Constitutional Court has confirmed that «In no case can a tribute be established taking into consideration acts or events that are not exponents of a real or potential wealth, or what is the same, that the benefit of the citizen is nonexistent, virtual or fictitious »
Who can claim?
Claiming can be made by the subjects that possess an urban property and have paid the capital gain in any of the following situations:
property or land sell
property acquisition by heritage or donation
non physical residents in Spain that has obtained a property or land
What are the deadlines to claim?
There are two deadlines. First, in the case of giving auto liquidation of the tax by selling the property the time limit is in 4 years. The second case, if the liquidation has occurred, the subject will have a month term since it takes place.
The property must have been sold in the last four years for a price equal or lower than the purchase price. Also, it is necessary that you have paid the tax before the claim
Steps to follow for the claim:
The claim for the municipal capital gain is filed against the corresponding municipality. In this way, a request for rectification and refund of undue income must be submitted. To do this, we must use the documentation that proves the payment of the tax. In relation to this documentation, it is essential to have deeds of purchase and sale of housing and letters of payment of capital gains tax. Also have a report that proves that there has been no increase in the value of the land.
In case the municipality refuses to grant what is claimed, the second step would be to go to the corresponding Administrative Court to file an appeal. If you use this route also without getting results, you can go to the administrative litigation courts to claim the refund of the amount through the courts.
We hope that this information has helped you and if you need any clarification about it, do not hesitate to contact us.
What to do when you get dismissed?
When it comes to fire an employee, the company needs to accomplish with some formal requirements such as the delivery of the dismissal letter in writing. Therefore, the first step to follow by the employee is to make sure they receive it.
Once they receive it, it is recommended that the employee keep a copy of the dismissal letter and check if both are equal. On the other hand, the employee must check the date written in the letter, because changing the date is a common practice for companies that way you won’t have time to claim. Finally, it should be mentioned that the rejection of the dismissal letter only entails the delay of the same.
Indicate which kind of dismissal is:
We can talk about disciplinary, objective and collective dismissal. Before claiming is necessary to know the type of dismissal in question, because each of them has its different ways of rights and requirements.
Disciplinary dismissal; this happens when there is a serious and culpable breach by the employee
Objective dismissal; this one is extinguished for economic, organizational, technical or production reasons
Collective dismissal; this one takes place when the employment relationships of a certain number of employees within the same company are extinguished for the reasons mentioned above – economic, organizational, technical or production -.
What severance pay corresponds?
The severance pay for objective dismissal is for 20 days of salary for every worked year, with a top of twelve monthly payments. Like this, the severance pay for collective dismissal will be at least twenty days of salary per year worked, with twelve monthly payments as top. By last, it should be mentioned that disciplinary dismissal does not give compensation.
Check the settlement:
The settlement is the document the company gives the employee that includes all the amounts still to be paid (salary of the days of the month where the dismissal is produced, days of the non enjoyed holidays, part of the extraordinary payments accrued, overtime…).
Challenging dismissals:
In case that the employee does not agree, he can challenge the dismissal, knowing the deadline for it, which is 20 business days.
The challenge is made through the reconciliation ballot.
Once the claim is filed by the employee, the dismissal can be qualified by the judge as appropriate, inadmissible or void.
We hope that this information has been useful and if you need any clarification about it, do not hesitate to contact us.
Multi-currency mortgages: Steps to follow to claim
What is a multi-currency mortgage?
A multi-currency mortgage is a complex financial instrument that constitutes another of the ways to obtain a bank credit. Its advantage is to benefit from the low interest rates that exist in a certain country in relation to others. At the same time, it is subject to the following risks: variation of the interest rate and currency fluctuation.
The problem that arose in relation to this mortgage was the lack of information offered by the banking entities when proposing this option, hiding the risk that it supposes. Being a financial instrument and not just a mere mortgage loan, banks should have taken into account the circumstances and knowledge of the mortgaged at the time of offering to contract this type of mortgage.
Documentation needed to claim:
Deed of mortgage formalization
Documents that the bank gave us before hiring the mortgage
Paid receipts or, failing them, movements that the mortgage has suffered
Steps to follow to claim:
First of all, it is recommended that you contact the financial institution to express the situation in which you are and request the change of the mortgage in Euros. Likewise, it has to be requested that the Euribor be taken as a reference, in addition to the return of the amounts paid over the time which the mortgage was calculated according to another currency.
At this point, it may happen that you do not receive any response from the bank or that the bank offers you an agreement. In both cases it is advisable to contact a specialized lawyer trained to guide you with regard to the different options available. It is very important to review the solution offered by the bank with a lawyer, as this will advise us in case the agreement offered by the bank is insufficient and is advisable to go to court.
If no answer is received, the corresponding legal actions must be initiated in order to obtain a judgment that condemns the bank to pay the amounts unduly charged to the client.
We hope that this information, especially relevant at present, has been helpful and if you need any clarification about it, do not hesitate to contact us.
Mediation and its advantages
Everybody knows that using the jurisdictional way of solving conflicts, in its great majority are long and expensive processes where you not only loses time and money, but it can lead to more severe problems due to the emotional strain that comes with being immersed in a judicial process. Fortunately, there are other ways, in this case the mediation, which allows resolving the conflict quickly, easily and less expensively.
The mediation is about an out-of-court conflict resolution based on an impartial figure, denominated mediator, which the only thing that does is to approach the positions of the parties with the objective of reaching an agreement, also can provide a solution but in no case will be binding. The solution adopted must be accepted by all of the parties.
The whole process will be completely confidential, voluntary and totally flexible, so it can be adapted to each of the parties’ needs.
The advantages offered by this method are undoubted, which emphasizes above all things the speed, since the solution can be reached in a few sessions (always shorter than a judicial process). It should also be renamed, that does not suppose the rupture of relations between the parties, since the decision has been made by mutual agreement between the parties and has not been imposed by an impartial third party with the power to do so. Also the good faith predominates when going voluntarily and can prevent future conflicts that are latent.
But as every process, it also has advantages and disadvantages, which we will highlight one above the rest and is that you cannot always take into account the difference that may exist between the parties in the process, which could lead to the signing of unfair pacts for the weakest party or parties, something that in principle should not happen if we go to a court of law.
There is no doubt that this method is being used in more and more areas and by more people tired of the common judicial process, all this promoted by the European Union, that through its directives, regulations or decisions, tries to force the country members to develop greater and more effective instruments to facilitate citizen access to mediation.
We hope that this information about mediation has been very useful, and if there is any doubt, we will be able to resolve it.
Construction defects claims
Can anyone say that he has never had a crack in the walls of his property? Or water leaks? It is very likely that the answer is no, but luckily there are mechanisms to demand the repair of those construction defects that bring us many headaches.
All the keys to know how and when to claim are reflected in the Building Management Law, which can be said, usually protect the owner of the affected property.
The first thing to do, as in any demand, is to find the person responsible for the damage caused, which is usually, since it holds the maximum responsibility, the owner of the property developer who proceeded to the construction of the building (developer).
This does not mean that the developer is the responsible for any construction defect, since, as is logical, many professionals with diverse functions participate in a construction, and they have part of the responsibility in their actions.
The law, to determine the warranty periods, divides the different types of work defects into 3 groups, called: very serious, serious, and mild.
The very serious ones are those that offer the longest guarantee period in the law, since they are the ones that take the longest time to discover them and the ones that most put the lives of the inhabitants of the property at risk. They tend to be defects that affect the stability of the building itself. The law gives us a warranty period of 10 years.
The serious ones, has a big difference with the first one, is that these defects affect in an intern and individual way in a property of the building, but however keep inducing serious problems in the habitability and has to be corrected for the total enjoyment of the property. In this one the law gives 3 years of warranty.
The last one, the mild, are those referred to the defects of finish in works, which usually do not cause major problems due to its easy repair. The law gives us one year warranty.
Does this mean that if we observe a defect and has passed the warranty it is gonna be impossible to claim? No, luckily, it does not matter which one it is and the moment, the law give us 2 years (24 months) after discovering the construction defect to claim before whom the reparation of the damage proceeds.
We hope this information has been useful for a common issue such as construction defects, and if you have any problems, do not hesitate to contact us.
