NL 1

Supreme Court refers Valencia Inheritance Laws to the Constitutional Court

04/12/2013
Supreme Court refers Valencia Inheritance Laws to the Constitutional Court

  The Supreme Court has referred Article 12 of Law 13/1997, enacted by the Regional Parliament in Valencia, to the Constitutional Court for possible infringement of Articles 14, 31.1 and 139.1 of the Spanish Constitution. The Article in question confers higher levels of tax deductions  to those beneficiaries of estates who are resident in the […]

Continue Reading »

Constitutional inviolability of the home not infringed by demolition order

04/12/2013
Constitutional inviolability of the home not infringed by demolition order

The Constitutional Court has refused to support an application by a homeowner facing an order for demolition of the property issued by the Madrid Town Hall. This was in fact the second to be built on the same spot after a similar dwelling had been demolished on foot of a previous order from the Town […]

Continue Reading »

Seller of property not appearing on registry caused ‘fundamental breach of contract’

28/11/2013
Seller of property not appearing on registry caused ‘fundamental breach of contract’

The Supreme Court has rejected an appeal by the seller of a property in Almeria ordered to pay damages for selling a property despite not being named on the property register. The property was sold originally in 1978 but it was many years later that the new owners of the property were served notice to […]

Continue Reading »

Supreme Court: visitation rights for grandparents can be emotionally enriching for children

22/11/2013
Supreme Court: visitation rights for grandparents can be emotionally enriching for children

  The Supreme Court has dismissed an appeal by a mother of two children and ordered that the children should visit with their grandparents one weekend a month. The order had in fact originated from the High Court in Badajoz which had directed that the children should stay one weekend a  month in the home […]

Continue Reading »

Tenant’s failure to appear at oral hearing precluded later claim of verbal contract to create lease

21/11/2013
Tenant’s failure to appear at oral hearing precluded later claim of verbal contract to create lease

The High Court in Mallorca has ruled against a tenant’s claims to have a right to stay in the defendant landlord’s property for a period of five years as per the then pertaining legislation which gave tenants a right to continue living in a property for a period of five years. The Court heard that […]

Continue Reading »

Developer fails to overturn court order to repay home buyers purchase money as no license of first occupation

20/11/2013
Developer fails to overturn court order to repay home buyers purchase money as no license of first occupation

The Supreme Court in Madrid has refused an appeal by the developer of  La Reserva de Marbella, and confirmed the decision of the Regional High Court in Malaga that the company must return to the purchasers the money that they had handed over in 2003 for the purchase of a property to be built on […]

Continue Reading »

Parents of disabled child win legal battle to install lift in their community swimming-pool

19/11/2013
Parents of disabled child win legal battle to install lift in their  community  swimming-pool

 The parents of a disabled child have won their appeal from the decision of the High Court in Valencia to install a lift that would permit their child to use the community swimming pool. Their proposal to install the device at their own expense had been turned down by the community of owners at the […]

Continue Reading »

Changing use of property from commercial to residential

18/11/2013
Changing use of property from commercial to residential

In a recent decision the Supreme Court has confirmed that for owners of properties in urbanisations, in certain circumstances the law of horizontal property does permit the change of use from that of a commercial property or ‘local’ to a residential property. The case came before the Supreme Court in October, having been appealed from […]

Continue Reading »