Inglaterra vs Escocia: conflicto de jurisdicción en una reclamación de pensión compensatoria

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La existencia de los Reglamentos europeos que son de aplicación a distintas materias que forman el derecho de familia ha provocado que ante una ruptura matrimonial pueda producirse la división del procedimiento de forma que se lleven a cabo distintas acciones en distintos países en virtud de la materia de la que se trate. Seguir leyendo «Inglaterra vs Escocia: conflicto de jurisdicción en una reclamación de pensión compensatoria»

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I slipped on a wet or dirty floor in the premises of a business… will I get compensated?

A judgment handed down by the Provincial Court of Córdoba on 5 June 2017 can serve as useful guidance when considering if the evidence a Claimant holds is enough to sustain his case against a business after having slipped on its premises. Seguir leyendo «I slipped on a wet or dirty floor in the premises of a business… will I get compensated?»

Online claims in Spain – finally!

The General Council of Spanish Advocates and the Spanish Association of Insurance and Reinsurance Institutions have developed, together with an IT company, a platform allowing lawyers to safely communicate online with the insures of the vehicles involved in road traffic accidents. Over 90% of the insurance companies are already using this new platform, in use from 1 January 2018. Seguir leyendo «Online claims in Spain – finally!»

Too far to share custody?


The Spanish Supreme Court in its Judgement of 9 June 2017, Rec. 1495/2016, has clarified once again (and hopefully once and for all) that shared custody is considered to be the best and most beneficial care arrangements for a child, overcoming certain practical difficulties that before could have prevented the determination of shared custody, such as the distance between the parents home . In Spain, it is the preferable regime applicable, and it is for the parties to prove the reasons why for that particular case custody shall not be shared.
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Child maintenance and coming of age – when should I cease paying?

Child maintenance is about providing for a child’s living costs and education. Its legal reasoning does not allow for it to be extended indefinitely nor to end it too soon. In Spain, the fact that children turn 18 years old is not a reason to automatically put an end to child maintenance. Parents are expected to continue paying child maintenance if the children are studying at university for example or they are not financially independent. Seguir leyendo «Child maintenance and coming of age – when should I cease paying?»

Divorce by consent before a Notary Public

One of the many improvements introduced by Spanish Law 15/2015 of 2 July on Voluntary jurisdiction is the possibility to divorce (or legally separate) before a Notary Public by means of a Deed. However, it is required that the spouses are divorcing by consent and that they do not have children under the age of 18. Seguir leyendo «Divorce by consent before a Notary Public»

Communications between lawyers and clients: privileges and protections

Under article 4 of the Spanish lawyer’s Code of Conduct, the relationship between client and lawyer is based on confidence and requires that the lawyer’s professional conduct is trustworthy, honest, loyal, true and diligent. According to the Spanish Supreme Court, confidence is the base of this relationship, and the lack thereof will cause its termination.

In respect of the protection and privilege of communications between lawyers and clients, the first consists consist of professional privilege and the second is the right to confidentiality. Seguir leyendo «Communications between lawyers and clients: privileges and protections»