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LAW COURANT

The Klev&Vera Law News Update

Can I sue in Spain?

Whether you can bring a lawsuit in Spanish courts will always depend on the type of lawsuit and sometimes, the parties involved. The types of cases can generally be put into three categories, debt collection, family law, and commercial disputes. Debt Collection Debt collection is the most straightforward in terms of jurisdiction. If the debtor is domiciled in Spain, you can bring your action there. Before you file a lawsuit however, you will first need to go through a non-judicial process. This will involve sending a certified fax request along with proper documentation such as the invoice to the debtor. If you...

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Barcelona Real Estate Investment

Investment in the Barcelona commercial real estate market has weathered the storm of COVID pretty well, especially when compared to Spain’s other large market, Madrid. In the first half of 2021, Barcelona accounted for 80% of commercial real estate investments in Spain. This is according to the commercial real estate consulting firm Cushman and Wakefield. Barcelona’s continued success in real estate investment is a testament to the work done in the past as well as the outlook for the future. Much of the commercial real estate success is centered around Barcelona’s “22@,” an urban renewal zone in the Poblenou neighborhood. This...

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Prenups in Spain

Are prenups legal in Spain? What happens if you don't sign a prenup? Marriage can be described as a contract between two partners. Should this contract ever be dissolved, a prenuptial agreement, short: prenup, can make the separation and divorce process both easier and less painful. Unfortunately, a lot of couples shy away from this topic as it can be an uncomfortable and difficult conversation. Ironically these couples might happen to have even more inconvenient conversations during the process of separation and divorce. What does “prenup” mean? A prenup is defined as a written contract between two people before they commit to marriage. It...

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What is a Family Book in Spain?

The Family Book, Spanish “Libro de Familia”, is a free document issued by the Spanish Ministry of Justice and processed at the Civil Registry. It is used as a family register which records the relationship between parents and children, births, adoptions, deaths, separations, divorces and much more. In the event that the holders divorce and have children with other couples, a new book is issued to certify this new relationship. What is the Family Book good for? The use of the Libro de Familia was approved in 1915 during the reign of Alfonso XIII, with the aim of compressing an entire family’s...

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What is the right of usufruct?

A usufruct is a real, non-saleable and non-inheritable property right that grants another person - the usufructuary - the right to make use of one or more assets which belong to someone else - the main proprietor - and to earn income such as rent from it without owning it himself. A usufruct is a combination of the two property rights usus and fructus. Usus refers to the right to use something directly without damaging or altering it. Fructus refers to the right to enjoy the fruits of the property being used, which basically means profiting from the real property by leasing it,...

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How to dissolve a common-law partnership in Catalonia?

These days it becomes more popular for couples to cohabit without even the intention of getting married. Nevertheless, couples often want to put their relationship on a more solid, practical and lasting footing. With the "pareja de hecho", a legal status that a couple can apply for and that requires them to have a long-lasting relationship in which they have lived together for at least 12 months, Catalonia has granted couples legal protection even if they are not married. However, as with marriages, cohabiting couples can also separate if, for example, the love is over or living together becomes unbearable. There are...

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