El Blog de Lawyou
Online shopping is becoming more and more common among users. According to data from the Economic and Social Council, more and more people in Spain are buying online. As users use online shopping services more frequently, they are more aware of the security measures that an online store should have, but do we know our […]
New European Data Protection Regulation . The Regulation (EU) 2016/670, of 27 April 2016, of the European Parliament and of the Council (RGPD), is the new data protection regulation that has been applied since last May 28, 2018 in all European Union Member States. The peculiarity of the European Regulations is that these are directly […]
By means of the lease agreement, the person who owns the property (landlord) undertakes to make the property available to another person (tenant), assigning its use and enjoyment in exchange for a series of rents, better known as rent. The lessee or tenant assumes as main obligation the payment of such rent. What to do […]
What is a dwelling for tourist use? By tourist use of a dwelling is understood «the temporary assignment of the totality of a property furnished and equipped in conditions of immediate use, whatever the channel through which it is marketed or promoted, and carried out with lucrative and onerous purpose». In this sense, it is […]
What is identity theft? . Phishing is a crime that has existed since practically forever and is defined as the act by which one person impersonates another in order to carry out activities contrary to the law such as, for example: Cyberstalking. Scamming. Obtaining private or secret information. Making fraudulent purchases. Fraudulent purchases. Fraudulent purchases. […]
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.
