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A contract is an oral or written agreement setting out matters agreed upon by two or more parties with legal capacity (contractual parties). It is binding on the parties and governs their relationship for a specific purpose. In bilateral contracts, each party may demand that the other comply with its contractual obligations, whereas in unilateral contracts, one party may demand compliance by the other. In short, a contract is a voluntary agreement that creates “relative rights and obligations”, in other words it applies to the contractual parties and their right holders alone. As well as being a voluntary agreement, to be legally valid, some contracts require performance of other events or legal steps, such as a specific delivery (real contracts) or they must be set out in a special document (formal contract). In special cases, voluntary consent by the parties does not suffice.
A lawyer of PEÑALVER LAWYERS AND MEDIATORS in Alicante, will negotiate and draw up all kinds of real estate contracts, such as conveyance agreements, exchanges, leases, easements, guarantees, payments in kind, debt settlement agreements, etc.
Sales and purchases of rustic and urban properties, both on the coast and inland.
We act for either buyer or seller in property transactions, performing searches to ensure that the property is free of charges, encumbrances and enforcement proceedings and that it is not subject to future development plans. We obtain certificates to this effect from all relevant organisations to ensure that the physical characteristics of the property coincide with those appearing in the property registry and cadastral books. In the case of “rustic land” , a lawyer in Alicante of Peñalver Lawyers and Mediators will check the status of utilities (electricity, water, etc) before the sale goes ahead. All these procedures are organised when the deed of sale is signed, with full control over the list of payments, deed or document proving title or ownership of the property and subsequent settlement of taxes, registry fees, cadastral changes, transfer of responsibility for electricity and water bills to the new owner when acting as the buyer’s representative, etc. and, generally speaking, all the necessary steps for buying or selling property in Spain.
Declarations of new works
In these cases, the objective sought is for the landowner or a holder of an easement or pre-existing registered or unregistered building to obtain a public deed testifying to the fact that buildings, new floors or improvements are planned or that building has commenced or has been completed by way of a “declaration of new works”. This is done to correct the title deed. Title to the property is then entered on the property registry, giving legal security to the new works. Our English speaking lawyers in Pinoso, Alicante also obtain certificates of first or second occupation and, generally speaking, all the documentation required for new constructions by processing utility connections on rustic properties.
Corrections to accommodate
Although it is common practice, homes and other buildings without licences are illegal, and can lead to legal or administrative proceedings, fines and/or penalties and even demolition orders to restore the property to its previous, legal condition. In the case of properties which can be legalised, we advise on how to do this.
Our office has more than ten years’ experience processing building licence applications and proceedings for legalising the planning status of existing buildings.
When the surface area stated in the deed is or its physical area does not coincide with that registered in the Property Registry.
Ownership proceedings are legal proceedings governed by the Mortgage Act. Their intention is to register property which has no registered owner. Under Spanish Mortgage Act, First Registration of Land is the process whereby property is registered for the first time in the property registry.
First registration is the beginning of the property’s legal history on the Property Registry.
- First registration: This is done to register property on the Property Registry for the first time by entering details of its ownership by the persons or persons bringing the first registration proceedings.
- Rectification of the registered area of property: This corrects the surface area of the property appearing in the Property Registry, perhaps because a mistake has been made in the past or because the specifics of the property have changed since it was registered.
- Resumption of an interrupted chain of succession: This occurs when the owner of property cannot register title because the previous owner did not register his or her ownership of the property.
Under Civil Law, this happens when property is owned by two or more parties. These types of proceedings are common when couples separate or divorce and have to divide their common or shared property or when legacies are shared among siblings… in fact whenever ownership of property is shared or when title over this property is transferred/assigned. The work consists of transferring ownership of a share of the property from one of the owners to another or others. This can lead to tax advantages and in circumstances where this is possible, it is always advisable to do this.
In these specific cases, a lawyer in Alicante of Peñalver Lawyers and Mediators will analyse the documentation and act accordingly to register rights over the property or bring ownership proceedings by rectifying the entry in the property registry.
Management and study of urban plans
These are the technical regulations and laws governing land use as well as development and conservation requirements. Generally speaking, they are project-like in nature and determine the use to which a certain area may be put.
They generally encompass a municipality, urban area or neighbourhood.
Peñalver abogados studies the viability of a development plan in a particular area and processes all the necessary permits, environmental studies, DIC and personal contact with other professionals involved in the process of granting the necessary permits for starting the activity.
Advice for obtaining and processing building licences and other licences such as business, planning, first occupation, operating licences, etc.
Advice on all types of planning infringement proceedings due to lack of planning permission, illegal construction, planning breach restoration orders, etc.
We research and process the necessary and/or advisable action to restore legal planning status and represent our clients in infringement proceedings, drafting documents and bringing appeals.
Legal advice and declaration of bankruptcy (voluntary or mandatory).
Previous unpaid judicial claims, breach of contract obligations, court settlements, conflicts in general, trade disputes.
Complaints against Banks
Preferential shares, ground clauses, abusive clauses, bank fraud. Complaints about bank branches and representation in court if there is no satisfactory solution for the client through a regular procedure for revocation or cancellation, requesting the return of paid-up capital, demanding statutory interest and interest on arrears.
If the verdict is favourable, costs are returned to the complainant.
Divorce - Separation
This means dissolution of marriage, but in the widest sense it refers to the process that terminates a conjugal union.
We offer expert advice on divorce law, common law partnerships, prenuptial measures and divorce and/or separation and common law partnership agreements, maintenance and compensation.
Division of assets
This consists of apportioning common property to the parties by transferring their ownership from the married couple to the individual parties to the marriage. This is formally known as distribution of assets.
Both are legal procedures and are supervised by the courts.
Paternity and filiations
Reconocimientos e impugnaciones de paternidad y filiación. Se trata de un fenómeno cultural, social y subjetivo que relaciona a los varones con sus hijos o hijas y su papel como padres en distintos contextos, más allá de cualquier tipo de arreglo conyugal un derecho jurídico que existe entre dos personas donde una es descendiente de la otra, sea por un hecho natural o por un acto jurídico.
Drafting and resolution of contracts
Negotiation, study, drafting of all types of contracts.
In the event of contractual breaches by a party, we advise and file the appropieate legal actions in order to demand compliance or resolve the obligation, with compensation for damages and payment of interest in both cases.
Claims for all types of debts.
We study the legal rights inherent to ownership or the legal relationship between a party and an object. In Spain, as well as ownership, the following legal rights are also recognised: usufruct, use, habitation, lease, mortgage, survey, easements, etc., because there is no limit to the existence of real rights.
Study and advice for resolving all types of disputes occurring with regard to property acquisitions; constitution and dissolution of co-ownership and community property; regulation of special properties; regulation of easements, usufructs, rights of use and occupation, among others.
(Contracts, legal proceedings): A lease is a contract whereby one party, called the lessor or landlord, undertakes to temporarily transfer use and enjoyment of goods or property to another party who is the lessee or the tenant, who in exchange agrees to pay for the use or enjoyment for a certain, fixed price.
The situation is studied and an appropriate lease for urban property, dwellings, business, etc, is drafted. Advice or representation in eviction proceedings, claiming and collecting rent and other amounts due and pending.
Civil, contractual claims and torts
Civil, contractual claims and torts. Insurance claims (Life insurance, legal defence, permanent disability, fire, house insurance, theft); professional negligence, real estate and construction (eviction, execution of guarantees over amounts on account and breach of sales agreements, exchanges, transfers, building defects), debt claims (loans, transfers, cheques, invoices, mortgage executions, non-payment of rent under lease rental agreements / leases.
Wills, successions and donations
Last will and testament, bequests of goods and executorships. Inheritance is an extremely common way of acquiring the deceased’s goods, rights and duties or a share of these as one or more heirs, regardless of gender.
Advice on tax, inheritance and legal procedures if it is not possible to distribute the legacy. Help with notaries and registries. Execution of wills, probate or intestate succession, inheritance awards and statements by heirs under both Spanish and foreign law.
Damages and losses
We all would like a world at peace, yet our world is not removed from the daily issues caused by life’s ups and downs. Due to their controversial nature, the only way to solve these issues is to go to court in search of a fair solution. This has led the courts, especially in our Alicante area, to a suffocating situation of collapse, which forces us professionals who work in service to justice to seek out new channels to resolve conflicts with, if possible, even more beneficial effects for citizens. One of the formulas is MEDIATION, which is nothing more than a way for the parties to voluntarily reach an agreement on their own, with solutions they themselves have proposed after receiving the aid of a professional. This professional has no decision-making role, but rather guides the mediation process.
PEÑALVER LAWYERS AND MEDIATORS cannot overlook this immediate future, which means we are not only ATTORNEYS, BUT ALSO MEDIATORS. As servants to justice, our mission is to help citizens find the most effective way to solve their problems.
The reasons that lead us to offer this new conflict resolution process are:
- Immediacy. In a maximum period of three months, depending on how serious the case is, it can be resolved. This prevents continued tensions and confrontations between the parties, providing for greater problem-solving effectiveness, since the issue can be resolved as soon as it arises.
- Confidentiality. This guarantees that the parties’ rights are not violated if, after conducting the mediation process without reaching an agreement, the parties opt for the judicial channel.
- Impartiality. The mediator does not influence the decision or resolution of the conflict. The mediator’s role is to facilitate use of the parties’ “emotional intelligence,” so that they can manage these emotions on their own in a positive way, guiding them to solve their own battles, acknowledging their needs and empathising with one another. This leads to the emergence of compatible, feasible interests and needs.
- Using negotiation as a tool for resolution against confrontation and coercion. Negotiation in a fair environment can lead to agreeing on a solution that is easier to honour.
- Logically, the cost of reaching an agreement will be lower.
- Trust of the parties in the mediator. This contributes to peacefully reaching agreements, and also helps citizens to learn a different way to confront conflicts and resolve them.
- Honouring the agreement, if both parties entered into it with a true desire to resolve the conflict. This feeds into the values of loyalty, honesty and sincerity between the parties, reinforced by signing a document where details on the agreement reached are provided. This will lead to the signature of a public deed with a notary public, which has the same effect as a judicial ruling, equivalent to an enforceable right.
PEÑALVER LAWYERS AND MEDIATORS believes in this new way of resolving conflicts, an alternative to the judicial channel, yet under no circumstances does it limit the possibility of the legal channel. However, if it were already initiated, it may be suspended by mediation. In fact, on all contracts of any type, our firm includes a clause where the parties, before using the litigation channel, undertake to use mediation.
Our firm offers civil (inheritances, agreements, contractual and extracontractual civil liability, and more) and criminal Mediation Services.
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María José Mira
Good Morning! I am María José de Peñalver Lawyers. How can I help you?