Civil Law in Costa Blanca

Spanish civil legislation is established under a set of laws and codes, which are applicable at the level of the country’s territory; differences in the legal provisions of civil legislation may appear when referring to the country’s autonomous regions.

Spanish civil law is a set of laws that address issues related to a person’s rights and obligations, family law, personal property, contractual relations and non-contractual civil liability. Our lawyers in Spain can provide you with detailed information on the legal provisions of civil law.
Spanish civil law is related to the private law of the country and to the provisions of private international law, but also to labour and social law. Civil law regulates the relations between the other branches of law and the competence of one branch in relation to another. The main legal provisions of civil law in Spain relate to the following aspects:

  • Persons – the legal definition of a Spanish citizen, the status of foreigners, civil personality and the distinction between natural and legal persons, such as Spanish companies and businesses.
  • Domicile and marriage – the requirements for contracting a marriage in Spain, the rights and duties of the spouses, the nullity of the marriage, its dissolution, the legal effects of separation and divorce.
  • Paternity and filiations, maintenance between relatives – parent-child relationships, parental authority, legal representation of children.
  • Legal age and emancipation and aspects of incapacitation – issues relating to guardianship, legal aid, legal custody and power provisions.
  • Property, ownership, co-ownership and possession – classification of property, right of accession, special properties and acquisition and effects of possession and registration of property.
  • Contracts and companies – the general provisions of Spanish contracts, their validity, effectiveness and nullity, the obligations of the partners and the legal obligations within a contract.

At CLF we can offer you a wide range of legal services and representation in any matter related to civil law. Local and foreign persons can request legal assistance in any matter included in the civil law, as our lawyers have the necessary experience in a wide range of branches prescribed by the Spanish civil law.

 

Our Process

First, we carry out an exhaustive study of the mentioned case, requesting the necessary documentation. 

After analyzing the case study, CFL’s  estate planning department will provide you with different solutions and various ways of attacking the case.

Once the case has been analyzed and the best option chosen, CFL will negotiate for your interests.

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Faqs

What is a legal entity in Spain?

The Spanish Civil Code also describes the legal meaning of a form of business in Spain. The definition is prescribed by Article 35 of the Code, and mentions that a legal person can be a corporation, a foundation or an association that is incorporated in Spain following the applicable law on the matter.

These entities may be of private or public interest and their legal capacity is established in the statutory documents required for each legal entity (the articles of association in the case of a limited liability company or the partnership agreement in the case of companies or associations).

What should a foreigner know when buying a property in Spain?

Foreigners can acquire property in Spain and many investors also prefer this option when investing in the Spanish market. As mentioned above, the Spanish Civil Code applies in the case of properties in Spain, and covers areas related to contracts signed for local real estate, provides the legal framework applicable in the case of leases and other similar issues.

At the same time, the Spanish Civil Code also prescribes the legal procedure through which properties under construction may be sold on the local market. If any local or foreign person is interested in acquiring a property under construction, it is necessary to know that the sales contract will be signed before the completion of the respective property.

The Spanish Civil Code stipulates that this type of sale is legal and defines a property under construction as the sale of a future asset. Therefore, when signing this type of contract, it is necessary to clearly define the terms of the agreement and what is the definition of the final good that will be delivered to the buyer within a certain period of time. Article 1445 of the Civil Code mentions that it is mandatory to define the future property for the contract to be recognized.

According to this article of the Civil Code, the buyer will become the owner of the property once the contract is concluded.

 

 

See our Offices

We offer our services about Civil Law in:

    • Civil Law in Oliva
    • Civil Law in Dénia
    • Civil Law in Altea
    • Civil Law in Xaló
    • Civil Law in Gandía
    • Civil Law in Valencia
    • Civil Law in Alicante
    • Civil Law in Murcia
    • Civil Law in Elche
    • Civil Law in Albir
    • Civil Law in Benidorm
    • Civil Law in Jávea
    • Civil Law in Calpe
    • Civil Law in Moraira
    • Civil Law in Torrevieja

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