Llorente y Rayón Etiqueta

The Reverse Mortgage

The reverse mortgage is a type loan where a financial institution grants certain amounts to a client, either monthly or at the time of constituting the mortgage, equivalent to the value of your home and that at the time of death must either pay the remaining amounts and the house will become the property of the bank or return the amounts paid to date and remain heirs.
What are the requirements? Can it be cancelled?
The requirements are: that the person hiring is over 65 years of age, that he is his habitual residence, that he resides within the national territory, that the dwelling object of the mortgage has no burden, that the dwelling is owned by him and that there are heirs who take charge of the debt.
Who owns the house?
You are still the owner of the house, you could even rent it.
Is the customer obliged to return the quantities?
In this type of mortgage loan, the client does not have to return the amounts that the financial entity lends him, it will be the heirs in case they want to continue being owners of the house the ones that will have to pay the amounts lent to date, otherwise they will not have to pay any amount, with the consequence of losing the house.
Do you need to complete your retirement? Do you need to obtain more profitability without having to pay anything? In Llorente & Rayon we advise you on this type of mortgage, so you can get higher returns and continue to own your home.

Rights granted by patents

Rights granted by patents

A patent are exclusive rights granted by the State to the inventor of a product or technology, which will allow you to use and exploit your invention and prevent third parties from using it without your consent.
It is important to patent the inventions made since this means that it has a guaranteed protection to not be produced, used or distributed by any person who would like to perform those actions without the consent of the inventor.
The person can exploit the product, as well as sell it or authorize it to be used by another licensed person or company.
In the event that you decide to sale an invention without being patented it will be very difficult to find a buyer interested in acquiring an item that does not have the necessary guarantee. Hence the importance of patenting the product: anyone can’t use it without the consent of the inventor, regardless of the purpose pursued by that person.
Patent licenses, on the other hand, allow the inventor to authorize their use by the licensee in return for a fee, and unlike if a sale had been made, with the license the inventor does not lose his status as patent holder.
In Llorente & Rayón Abogados we help you to be able to commercialize your invention through a patent license agreement, we also guide you in each step, since you make the decision to patent an invention, as well as if you decide to license or put it on sale, until the end of the process.

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.

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.

Joint custody in benefit of the children

A separation or divorce process is always hard, but more for the minors that suffer it. They are not guilty in the situation and neither are prepared to confront it, so this solution of shared custody is usually beneficial to reduce the trauma they may suffer.
Joint custody is reflected in article 92 of our Civil Code, which defines it as the shared exercise of guardianship and custody of the children when requested by the parents in the proposed regulatory agreement or reach an agreement in the course of the entire procedure.
What is necessary to grant joint custody to parents?
In first place, as noted above, it has to be requested by the spouses in agreement, or by one of them, as long as it only favors the interest of the child.
Is it enough with the request or is it necessary another requirement?
Obviously, there are a series of requirements that has to be accomplished, some of them comes indicated in the Civil Code, such as none of the parents should be involved in a criminal proceeding due to an attempt on life, physical integrity, freedom, moral integrity, etc… against the other spouse or the child who lives with both.
It must be remembered that the supreme purpose of all divorce or separation processes in which there are minors involved, is to ensure the interest of the minor, so the jurisprudence highlights other requirements that after all are also important for the proper development of the child, such as that there is no hostility between parents, the location of the addresses of each one, their job schedules, etc…
It should be noted that the judge will always have the last word, if the judge considers that after the evidence provided and after a report from the prosecutor’s office, the requirements for establishing joint custody are not met, he will not do so.
To the question that, if this measure is the most beneficial for the child, the majority of the doctrine and jurisprudence does not hesitate to affirm it categorically, since it is the most fair and the one that least harms the minor as long as it can be develop cordially.
We hope that all this information about joint custody has been useful, and if you have any questions do not hesitate to tell us about it.

The advantages of arbitration

Apart from mediation, is there any other non-jurisdictional method to resolve conflicts or controversies? Is it really useful? Well, arbitration seems an effective procedure to solve conflicts in an extrajudicial way with the following advantages that we will detail next.
We will start, as is logical, defining what is arbitration, this is a procedure by which a dispute is submitted to an arbitrator, or to a tribunal of arbitrators (composed of 3 or 5 members), with the objective of that impartial part dictates a decision (arbitration award) which is mandatory between the parties.
As main characteristics it is necessary to emphasize that it is a consensual procedure, that only agreement between the parties can be possible. In addition, as is logical, the parties designate the arbitrator, who will be totally neutral and who will also be subject to the applicable law, language and place of arbitration, which may also be agreed by the parties, so that none has the slightest advantage over the other. Finally, it should be noted that this is a completely confidential procedure and that its resolution, always executed by the national courts, will be mandatory between the parties.
As for its advantages, the one that stands out is its agility and speed, since the parties agree on the terms in which all the actions will be developed, in case there is no agreement, the conflict will be resolved in 6 months. This is due to the greater availability of arbitrators with respect to judges and jurisdictional courts.
Its second main advantage is economic, because it is a simpler procedure because it ends with an arbitral award which is mandatory and against which there is no recourse, so it cannot be appealed or by appeal or cassation, so in a single instance the solution to the conflict is obtained and no extra costs are generated due to the lack of subsequent resources. There is no need for legal assistance, although it is recommended.
As for the applicable regulations, arbitration in Spain is regulated by the Law 60/2003 of December 23, in addition to having signed the New York agreement of June 10, 1958 on the recognition and enforcement of foreign arbitral awards.
I hope we have solved all your doubts regarding a procedure as useful in Spain as it is arbitration, if not, here we will be to resolve them.