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LAW COURANT

The Klev&Vera Law News Update

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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How do you homologate a degree in Spain?

Recognizing academic qualifications in another country is not always as easy as it sounds. Getting an overseas qualification officially recognized (“homologación de título”) in Spain means that it has the same academic and professional value as its Spanish equivalent. The process of degree recognition in Spain is a complex and time-consuming one and there is no automatic recognition of academic qualifications between EU countries. It usually takes between 6 and 12 months. Who needs degree homologation in Spain? You may need to have your university degree recognized in Spain if you want to work in a professional field that requires academic credentials, if...

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What rights do tenants have in Spain?

Spain has recently updated its urban lease law to prohibit certain clauses found in rental contracts. While these types of provisions are now prohibited, many lease contracts still contain them. For such contracts, these provisions will be null. It is important to know them when you see them. Duration of the Lease In the wake of COVID-19, many lessors have tried to convert vacation rentals into more permanent residencies with vacation rental time periods. These time limitations are generally null and void. Renters for contracts of less than five years have the opportunity to extend their lease regardless of constraints the lessor...

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What are the inheritance laws in Spain?

A recent uptick in inheritances has put new attention on an upcoming change in Spanish inheritance laws. Starting in 2022, the Inheritance Gift tax will be Levied in a more standardized and less subjective way. This change has prompted some to consider getting inherited property transferred sooner rather than later. Due to the tragedy of excess deaths from the COVID-19 pandemic, Spain has seen in uptick in properties being transferred via inheritance. This uptick has been most pronounced in Catalonia, with Andalusia not far behind. Madrid and Valencia have also seen significant increases. Executing an inheritance can already be a cumbersome process....

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Guide to the S1 form for UK nationals living in Spain

The S1 form, once registered, entitles you and your dependents to state healthcare in Spain on the same basis as a Spanish national. You may be eligible for this form if you fall into certain categories. These include some frontier workers as well as those Britons who moved to Spain before 1 January 2021 and receive certain ‘exportable benefits’. If you have a UK State Pension, you must request an application form from the NHS Overseas Healthcare Services over the phone. You must then register your S1 form with the Instituto Nacional de la Seguridad Social (INSS). If you cannot go...

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