Cybercrime: the current state of criminal law Cybercrime consists of committing a crime using any type of digital mechanism. To be typified as cybercrime in the Penal Code, they must have been executed through these networks. Let’s take an example of cybercrime: using another person’s password without their consent to access their data. The best […]
Clarifications on self-representation in a lawsuit
What is procedural postulation?
When we speak of procedural postulation in law we are referring to the procedural capacity of any person, whether natural or legal, who wants to initiate a procedure or intervene in a trial. As a general rule, in order to do so, all persons are required to do so through the representation of an attorney and the defense of a lawyer.
However, this is not always the case, since citizens may represent themselves in a trial, and be a party to the same without a lawyer or attorney, as provided for in Articles 23.2 and 31.2 respectively, of the Civil Procedure Act, which establishes the few exceptions provided for in this regard.
However, even in these cases foreseen and authorized by the Law, it is never advisable to initiate or appear in a lawsuit without the advice of professionals.
There are times when it is very difficult to combine personal life and work life and it is necessary to reconcile them, especially when we have family members to take care of. The Estatuto de los Trabajadores offers us different alternatives when facing this type of situation. Reduction of working hours to care for family […]
What is paternity leave ? The paternity leave is a right that workers who have just become parents or who have just adopted or fostered a minor have to receive an allowance during the time they suspend their employment contract or cease their activity. This leave may be requested by employees, civil servants and self-employed […]
Finally, it will be possible to claim the tax of the mortgages
Around and around with the IAJD
If we make a timeline, on what has happened in recent months around the Stamp Duty Tax the evolution has been as follows:
At the beginning of 2018 the SC said that the payment of the tax for the constitution of a mortgage should be carried out by the client.
On October 16 of the same year through STS 1505/2018 the Supreme changed its criteria establishing that who should make the payment of the tax are the banks and not the clients.
After the debate that arose from the ruling, Finally, on November 6 of last year they decided that it would again be the customers who would pay the tax.
After seeing the final decision of the Supreme Court, the Government considered that legal uncertainty was being generated that affected the entire mortgage market, so it met in plenary session to decide on the matter, taking action and modifying the law. Specifically, it approved on November 8 the Royal Decree-Law 17/2018 obliging banks to assume the payment of the Stamp Duty Tax (AJD) linked to a mortgage.
What about mortgages signed before?
The claim by customers to which the STS 1505/2018 judgment could have given rise is not possible, since the subsequent STS of November 6 that gave reason to the banks applies.
However, there may be room for the possibility of claiming compensation from the State for pecuniary liability to the mortgage holders. In this case, it had to be demonstrated that an injury has occurred and that there is a causal relationship between the Administration and the damage caused.
In any case, if you have signed a mortgage loan and you want to receive advice on your specific case, the best thing to do is to contact a lawyer. He/she will be able to study your case, advise you and inform you on how to proceed or simply explain how the tax works.
The alternative in the intra-corporate conflict . Like any other contractual relationship, being a partner in a company implies assuming rights and obligations vis-à-vis the other partners and vis-à-vis the company. During the life of the company, conflicts may arise, and on some occasions it may be necessary the intervention of a third party to […]
What is an Arbitration Agreement ? An arbitration agreement is an agreement between parties to submit to arbitration a contingency, conflict or divergence arising within a contractual or non-contractual legal relationship. This means that the parties agree that the resolution of the dispute will be made by arbitrators, not by judges, but for this agreement […]
Main out-of-court dispute resolution mechanisms . The claims of the parties to a legal relationship, whether or not there is a contract signed between them, are often contrary or at least different, in some or all points of the contract or business. The normal thing is to think that in these cases we have to […]
National Congress of the Legal Profession in Valladolid . Changes in the legal sector . Something is changing… And that’s why… on May 8 Lawyou Law Firm will be at the National Congress of Lawyers, representing the most influential legaltech of 2019 to inform and raise awareness of the independent lawyer that the new times […]
What is the right to vacations? . The vacation is the period of rest in which, despite not working, the worker continues to receive the salary that corresponds to him/her. The vacations correspond to that person who has worked during the whole year and must enjoy them within the year in which they have been […]
