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KLEV&VERA > Articles posted by Helen Pino Vera

Do I pay tax on money gifted to me from abroad?

Many wonder when and how much they will be taxed when transferring money or donating. A common misconception is that taxes only need to be paid on money transfers over 3000 €; however, that is not the case as all donations or transfers are taxable, no matter how big or small. Donation Defined Section 618 of the Spanish Civil Code defines a donation as “…an act of liberality through which a person freely provides money or goods to the favor of another person, who in turn accepts.” Essentially, under Spanish law, when a person gives away a sum of money or item...

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Pet custody laws in Spain

As nearly half of Spanish households have a pet, it is important to recognize the importance of special bonds created between the animal and the people who live with it. Such an affective bond develops feelings of empathy and respect; however, the affective bond does not prevent that, in situations of family crisis, pets can be used as a throwing weapon, either to do harm, or to blackmail, because when one member of the couple stays with the pet, the other experiences loss, often mourning or suffering. History of the Law Typically, courts have been hesitant to grant legal protection for the...

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Flight delays in Spain

How do I sue an airline? Recently, there has been an abundance of cancelled flights and chaos within many of the major airports within Europe and the UK. In particular, Spanish airports have been overburdened with a surplus of passengers due to the shortage of staff. The Local (es) news explained that about 15,000 passengers missed their connections at Madrid´s Barjas airport since March - which has caused further issues regarding the exceeded capacity within the terminals, and in many cases, it has forced flights to either suffer delays or take-off with a half empty aircraft. Impact of Brexit The influx of Spanish...

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Surrogacy in Spain

Why is surrogacy illegal in Spain? Surrogacy is process in which a hired woman carries a baby for a couple who are unable to conceive or carry a child for themselves – due to medical, physical, or personal reasons. There are two types of surrogacies which make the law controversial. In a traditional surrogacy, the surrogate is genetically related to the baby, via artificial insemination, which makes the surrogate mother the baby´s biological mother. Conversely, in host surrogacies, the more common type, an in vitro fertilisation treatment (IVF) is used so that the host´s eggs are not part of the process...

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Catalan outdated taxes paralyzing the sale and purchase of properties will be lifted in 2022

The Catalan Civil Code will be amended later this year to prevent a medieval tax, which continues to be enforced by current legislation, from continuing to intervene with the purchase and sale of estates. The tax, known as an emphyteutic census, is a kind of tribute of feudal origin, often associated with the purchase and sale of property, which must be paid to the nobility, as former owners of the land where the estate now stands. Emphyteutic censuses date back to the 16th Century and allowed nobles and feudal lords to rent land to farmers for cultivation in exchange for an annual...

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2021 Spanish labour market reform: key changes, implications and nuances

With the introduction of a new Spanish labour market reform at the end of 2021, it is important to understand the key changes and their implications for employees, employers, or anyone looking to enter the Spanish market. In this article, we will guide you through the labour reform and make sense of any nuances or irregularities you might have missed. The key changes of the labour reform include: Training and apprenticeship Contracts Temporary contracts ERTEs (Furlough/temporary massive dismissal) and RED Mechanism Subcontracting Regulated transitional period Priority of agreements   The 2021 Spanish labour market reform: Context and introduction Before analysing the changes made, we...

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What Are Lawyers Called in Spain?

In Spain, all lawyers have the same title, “Abogados.” Unlike in some countries, there are no distinctions between solicitors and barristers. The same attorney that drafts your contract can represent you in court if that contract is breached. What’s more, an attorney that is licensed to practice in one part of Spain is licensed to practice in all parts of Spain. But how do attorneys become licensed? Most will first obtain a Bachelor’s Degree in Law. They must also obtain a Master’s in Access to the Legal profession. Finally, lawyers will need to pass an aptitude test administered by the Ministry...

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How Do I Verify a Spanish Lawyer?

There are two ways to officially verify a Spanish lawyer. The first official way to verify a Spanish lawyer is to use the national bar associations Census of Lawyers (Censo de Letrados). This is a straightforward process. Visit the website of Spain’s national bar association, Abogacía Española, select your language, click on “services,” and click the icon that says “Censo General de Letrados”. Then, simply type in the first and last name of the attorney you want to check and the system should find the attorney’s information, including their bar number and practice address. Another official channel for verifying an attorney is...

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How do I Find a Solicitor in Spain?

There are a number of ways to find the right lawyer to advise you in Spain. One good place to start may be your country’s embassy. Many, such as the U.S. and UK embassies provide lists of English-speaking lawyers. The UK embassy for example provides a list for each region of Spain along with the names, contact information, and legal practice areas of each attorney. Many other countries have similar lists of attorneys that speak the country’s language. Local bar associations also have search engines that can help you find an attorney in a particular field of legal practice. For example,...

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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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