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The Courts oblige the banks to return the costs of the formalization of mortgages

Most of the mortgages contracted with the banks contain a clause whereby all the expenses derived from the formalization of the mortgage loan for a property purchase are charged to the client. This implies an important expense for the client, Registry, Notary, Taxes, etc.

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The recent Judgment of the Court of Justice of the European Union, from the 21st December 2016, has meant a blow to the banking sector and at the same time the recognition of the right of consumers affected by the base clause (in Spanish claúsula suelo) to recover 100% of the amount paid due to the mortgage contracted with your bank, since you can now claim the refund of the unduly amounts paid to the bank from the date of signing the mortgage.

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It is common practice in the daily legal relations to conduct business in the name and representation of foreign natural and legal persons, which, in most cases, are carried out based on notary powers granted before a foreign public notary, which up to the present time, despite the trend already pointed out by the General Directorate of Registries and Notaries (see resolution of 27th February 2011, BOE No. 80 of 2 April 2001), it had not generated any problems from a legal and commercial perspective, something that is going to undergo a rather abrupt change.

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There are numerous judgments issued by the Administrative Litigation Courts that recognize a reality that has been claimed for years, such as the unfairness of the Tax on the Increase of Value of Urban Land (commonly known as Plusvalía Tax), in those cases in which a property has been sold for a lower price than the acquisition price and therefore, there has been no increase between the price for which the property is bought and the price for which it is sold.

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The Governing Council of the Andalusian Government, on the proposal of the Regional Minister of Tourism and Sports, has approved the Decree 28/2016, of 2 February which regulates holiday accommodation properties in Andalusia, as the legal system governing them was excluded from the application of the Law on Urban Rentals. The objective, as stated in its preamble, is precisely “so they are regulated by specific sectoral legislation, or failing that, that they fall under the system for seasonal rentals, which does not change”.

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The reform implemented by Law 15/2015, of 2 July on Voluntary Jurisdiction introduces among many others a new element: the possibility of divorcing before a notary, as long as it is a divorce of mutual agreement between the two spouses.

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The first ruling procedure declared by Barcelona Magistrate’s Court n° 38, the judicial decree pertaining to 2nd February 2016, allows for a request to be made into the suspension of those procedures of which, through procedural succession, a third is being considered, acting for the sale or transfer of extrajudicial credit.

The aforementioned Court sets out the following preliminary issues before the European Court of Justice, amongst others:

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As a consequence of the sentence passed by the European Court of Justice on 6th October 2015, (19/2016), concerning personal data transfer and its consequent storage “on the Cloud”, a threat to social networks has been detected, to the extent that it is directly affecting industry giants like Amazon, Facebook, Twitter, iCloud, Dropbox etc.

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As described by the Law itself, “Sephardics” are Jews, whose descendants lived in the Iberian Peninsula, and were forced to convert due to the Edicts of 1492 or else they were expelled.

From the time of Isabel II (s. XIX) Spain has been promoting, directly or indirectly, an approach, but it was in November 2012 that the government announced to regulate firmly and once and for all, the access to Spanish nationality for Sephardic Jews.

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               The purpose of this report it to inform our clients about a landmark ruling passed by the Supreme Court on 23 March 2015 relating to interest rate floor clauses in mortgage contracts (Tribunal Supremo, Pleno de la Sala de lo Civil, Sentencia nº 139/2015).

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