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Successful Mortgage Cases – Best Lawyers IN DIEM. Seville, Málaga, Madrid, Las Palmas de Gran Canaria, Almería, Tomares, Estepona, Huelva, Mairena del Aljarafe, Mairena del Alcor, Coria del Río, Dos Hermanas. Lawyer specializing in Mortgage Foreclosure.

Mortgage Foreclosure: Success Stories vs Bankia. Early Maturity Clause

17 Jun 2019
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Mortgage Foreclosure: Early Maturity Clause. Final Dismissal. The Provincial Court of Seville, Eighth Section, by means of an ORDER dated June 10, 2019, issues a resolution by which it proceeds to confirm the total dismissal of the mortgage foreclosure. This resolution is one of the first being issued by the 8th Section of the Provincial Court of Seville following the Judgment of March 26, 2019, of the CJEU resolving the preliminary ruling requested by the Supreme Court (Case C-70/17) and it is essential as it marks the orientation that this Chamber will maintain regarding Early Maturity Clauses. As we have mentioned in previous posts, the CJEU Judgment seemed ambiguous regarding the final effects of the removal of the Early Maturity Clause, leaving open different potential interpretations or options for the Court hearing the litigation. Mortgage Foreclosure: Resolution of the Provincial Court, 8th Section, of Seville. The literal tenor of the...
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Secrecy of Proceedings. Criminal Law. Criminal Defense Attorneys-IN DIEM. Seville, Malaga, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva, Tomares, Estepona, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Rio. Phone.

Secrecy of Proceedings and Secret Proceedings. Two Distinct Concepts.

30 Mar 2019
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It is rare to have a week in which we do not learn through the media of some news containing the expression “secrecy of proceedings is declared” or “secrecy of proceedings is lifted,” but even rarer is the correct use of such expression. On the occasion of our defense in the criminal proceedings regarding match-fixing in football and the press releases from the Public Prosecutor’s Office, we wanted to offer a reflection, Let us examine this analysis by our colleague José Luis Granado Mateo: 1.- Secrecy of Proceedings. The proceedings, which in brief terms constitute the judicial file containing all relevant data and information obtained during the investigation of a crime, as established in Article 301 of our Criminal Procedure Act, are confidential and shall not be public until the opening of the oral trial. Therefore, this declaration of confidentiality derives from a legal mandate and does not depend on...
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Conciliation. Minors' Attorneys-IN DIEM. Seville, Malaga, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva, Tomares, Estepona, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Rio. Phone.

Conciliation: Juvenile Criminal Law.

12 Mar 2019
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Conciliation: What is it? Conciliation is the act and consequence of reconciling. It refers to the action of enabling opposing parties to reach an agreement to conclude a dispute. For legal purposes, conciliation is the agreement reached by opposing parties, through the intervention of a third party, to avoid initiating litigation or, once initiated, to bring it to an end. In the first case, extrajudicial conciliation occurs, which allows a conflict to be resolved before entering the jurisdictional process, while in the second, there is judicial conciliation, which allows the parties to resolve an already initiated lawsuit before the judicial body issues a judgment. Organic Law on Juvenile Criminal Responsibility and Conciliation. Organic Law 5/2000, of January 12, regulating the Criminal Responsibility of Minors (LORRPM), provides a flexible regulation of pre-trial methods for resolving a jurisdictional conflict, including conciliation. These methods are based on the principle of opportunity, which is...
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School Bullying - Protocol - Juvenile Law Attorneys - IN DIEM. Seville, Malaga, Madrid, Las Palmas de Gran Canaria, Almeria, Huelva, Tomares, Estepona, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Rio.

Bullying. Protocol.

15 Jan 2019
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Bullying: Definition and Characteristics. Bullying is defined by regulations as psychological, verbal, or physical abuse toward a student by one or more peers, occurring repeatedly over a specific period of time. The characteristics of bullying are as follows: Intentionality. Repetition. Power imbalance. Helplessness and personalization. Collective or group component. Passive observers. Bullying can take various forms: Social exclusion and marginalization. Verbal aggression. Humiliation and degradation. Indirect physical aggression. Direct physical aggression. Intimidation, threats, blackmail. Harassment through technological means or cyber-bullying. Intimidation, spreading insults, threats, or publishing unwanted images via email, websites, or mobile phone messages. Harassment or aggression against sexual freedom and orientation. Sexual harassment or sexual abuse. Bullying: Andalusia Protocol. The Autonomous Communities, by virtue of their powers in Education, have developed different protocols for cases of bullying. In Andalusia, for example, this protocol is regulated within a broader regulatory framework in the ORDER of June 20, 2011. This...
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Squatting. Squatter. Success Story. Unicaja. Unlawful occupation. Acquittal. Case law. Criminal Law. Criminal Defence Lawyers - IN DIEM. Seville, Málaga, Madrid, Las Palmas de Gran Canaria, Almería, Huelva, Tomares, Estepona, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Río. Phone.

Success Stories. Acquittal of the offence of unlawful occupation (squatting) against UNICAJA.

12 Dec 2018
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Acquittal for the offence of unlawful occupation against UNICAJA. Financial institutions, through the media, convey to the public a change in awareness and actions in relation to the squatting movement, as well as, in particular, to those families at risk of social exclusion. Essentially, they seek to convey a new self-regulation and a new way of protecting the most disadvantaged, thereby avoiding injustice and the lack of protection for particularly vulnerable families. However, not all financial institutions put these principles and intentions into practice. Such was the case with UNICAJA, in criminal proceedings for a minor offence of unlawful occupation (squatting) which, ultimately, the Investigating Court No. 2 of Estepa tried and acquitted the defendants. In this case, the unfairness of the situation was more than evident. The occupants had been the owners of the same property, which the bank had been awarded in enforcement proceedings. The defendants had been...
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IN DIEM Attorneys | San Raimundo de Peñafort Award Winners | Legal Excellence | Top Lawyers

25 Nov 2018
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San Raimundo de Peñafort Awards for Legal Excellence. IN DIEM Attorneys. On November 23, 2018, at the prestigious Westin Palace Hotel in Madrid, the Institute for Excellence held its 2018 San Raimundo de Peñafort Awards for Legal Excellence Gala, which brought together prominent figures from the national legal sector, whether in research, teaching, or professional practice. Saint Raymond of Peñafort is the Patron Saint of jurists, Canon Law, lawyers, and Bar Associations. A cleric from Barcelona and a member of the Dominican religious order… he represents a benchmark for lawyers in our love for law as the legal science that allows for the construction of coexistence and a society based on principles of justice and equity. The 2018 Gala recognized IN DIEM Attorneys for its team, mission, and values… as well as the dedication and excellence of its services, maximum quality, and efficiency, guided by the vocation of defending human...
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Cryptoder – High-Risk Spanish Exchange

22 Nov 2018
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An Overview of the CRYPTODER Platform. IN DIEM Lawyers, through its specialized Cryptocurrency Area, has been monitoring CRYPTODER for months as the first cryptocurrency exchange platform established in Spain. CRYPTODER.COM promotes itself as a Spanish platform dedicated to cryptocurrency exchange based in Valencia. Its advertising is highly effective, managing to penetrate numerous forums, websites, and social networks, where they describe the ease with which you can start investing in cryptocurrencies such as Bitcoin, Ethereum, LiteCoin, Bitcoin Cash, and Iota, among many others. In any case, our investigation has highlighted several details that should be taken into consideration: 1.- CRYPTODER’s registered company name is “IT CRYPTODER GROUP SOCIEDAD LIMITADA”. According to the BORME (Official Gazette of the Mercantile Registry), its incorporation and commencement of operations date back to February 1, 2018; it is therefore a very recent company with a limited track record, which at the time of this publication is...
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Civil incapacity lawyer. Judicial Incapacitation. Legal Capacity and Capacity to Act. Incapacitated Persons. Judicial Proceeding. Authorized Persons. Evidence. Judgment. Lawyers Seville, Tomares, Mairena del Aljarafe, Mairena del Alcor, Dos Hermanas, Coria del Río, Malaga, Estepona, Madrid, Huelva, Las Palmas de Gran Canaria. Dependent persons. Protection. Guardianship. Curatorship. Incapacity. Care.

Incapacitated Persons: Guardianship, Curatorship, and Judicial Defender

21 Nov 2018
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The purpose of judicial incapacitation. Once the incapacitation claim has been filed and the legally established procedure has been completed, the Judge must issue a judgment in which he must precisely determine the scope and limits of the incapacity requested. Furthermore, he must specify the care regime to which the person incapacitated by it must be subject, ordering the appointment of the natural or legal person who will exercise the care of the incapacitated person, that is, their protection. As we already know, incapacitation does not eliminate or restrict the rights held by incapacitated persons, but it does condition their exercise. In this way, once persons have been incapacitated by judicial judgment, they may continue to exercise their rights, although they may do so according to the type of incapacity declared, through their legal representative—in the case of total incapacitation—or with the assistance of a third party—if they are partially...
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Virtual Currencies and the Tax Agency. Cryptocurrencies-Tax Authority Control-Draft Bill-Cryptocurrency Specialist Lawyers-IN DIEM-02

Virtual Currencies and the Tax Agency | Cryptocurrency Control

24 Oct 2018
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Virtual Currencies and the Tax Agency. Taxation. On October 23, 2018, the DRAFT BILL ON MEASURES TO PREVENT AND COMBAT TAX FRAUD was published for the purposes of the public information procedure, directly affecting Virtual Currencies and the Tax Agency. Indeed, among the measures contained in the aforementioned DRAFT BILL are those relating to the control of cryptocurrencies, both located in Spain and abroad, for taxpayers subject to the Spanish Tax Authorities. This regulation aims to obtain information on balances and holders of virtual currencies held in custody, establishing an obligation to provide information on cryptocurrency transactions. In particular, this draft bill would entail—especially—the following amendments: 1.- Introduction of new sections 6 and 7 in the Thirteenth Additional Provision of Law 35/2006, of 28 November, on Personal Income Tax, and partially amending the laws on Corporate Tax, Non-Resident Income Tax and Wealth Tax 2.- Amendment of sections 1 and 2...
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IN DIEM Lawyers. Emilio Castelar Award. Commitment to Justice. Seville, Malaga, Madrid, Las Palmas de Gran Canaria, Almeria, Tomares, Coria del Río, Mairena del Alcor, Mairena del Aljarafe, Dos Hermanas, Estepona, Huelva.

IN DIEM Lawyers | Emilio Castelar Award Winners | Commitment to Justice | Best Lawyers

03 Oct 2018
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Emilio Castelar Awards 2018. IN DIEM Lawyers. On September 28, 2018, the eleventh annual Gala of the Emilio Castelar Awards 2018 was held at the Cajasol Foundation headquarters in Seville, bringing together national and international personalities from social, political, legal, economic, and cultural fields. The prestigious Emilio Castelar Awards for the Defense of Freedoms and the Progress of Peoples, established in 2008, recognize the work and defense of fundamental rights by the politician from Cadiz, Emilio Castelar. Among the awardees in previous editions are prominent figures such as the President of Uruguay José Mujica, the Vice President of the Spanish Government and Minister of Interior Alfredo Pérez Rubalcaba, the French State Councillor Sami Nair, the journalist Iñaki Gabilondo, as well as entities like Save The Children, National Confederation of Social Economy Companies, Association of Women of Guatemala,… among many others. The 2018 Gala honored Jon Sistiaga, Jesús Eguiguren, Jesús Calleja,...
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